No. 510

   

    

A Publication of the Illinois Pollution Control Board

    

    

November, 1996

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ulemaking Update

ulemaking Update

ivestock Waste Proposal

Filed, Emergency Rules

Adopted, R97-14

The Illinois Department of

Agriculture (IDA) filed a general

rulemaking proposal on October

15, 1996 requesting that the Board

adopt emergency rules governing

livestock waste. The Board

requested public comment on the

proposal by an order dated October

17, 1996 and adopted emergency

rules based on the proposal at a

special Board meeting held on

October 29, 1996. The emergency

rules include standards for live-

stock waste lagoon and holding

pond construction and manage-

ment, management and agricultural

application of waste, certification

of livestock managers, and

permitting of facilities in Illinois.

The emergency rules became

effective on October 31, 1996,

when filed with the Secretary of

State, and will remain in effect for

150 days, until March 30, 1997.

IDA filed the proposal pursuant

to the Livestock Management

Facilities Act (P.A. 89-456,

effective May 21, 1996). That

legislation required IDA to prepare

and file a proposal for rules

governing waste from livestock

management facilities. The regu-

lations are

(Cont’d on p. 2)

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ederal Actions

ederal Actions

ossible Expansion of Right-

to-Know Information

Available - Industry Reporting

Could Be Affected

On October 1, 1996 (61 Fed.

Reg. 51321), USEPA published an

advanced notice of proposed

rulemaking in which it raised the

possible expansion of the scope of

information available under its

community right-to-know initia-

tives. The expansion would go

beyond the existing toxic release

inventory (TRI) database. USEPA

stated that it is considering adding

all potential components of

"chemical use" in this prospective

rulemaking: quantities entering a

facility, quantities transformed into

products and waste, and quantities

leaving the facility. It hopes that

expansion beyond the current TRI

database would more fully and

accurately inform the public about

environmental

(Cont’d on p.4)

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PPELLATE Update

PPELLATE Update

indsay-Klein v. Illinois State

Fire Marshall and Illinois

Pollution Control Board , No. 3-

994-0665 slip op. (Third District

October 29, 1996) (unpublished

rule 23 order).

This case involved an appeal

by Lindsay-Klein of a Board

opinion and order in Lindsay-Klein

v. Office of the State Fire Mar-

shal, PCB 93-255 (August 11,

1994), affirming the State Fire

Marshal’s (OSFM) determination

that its underground storage tank

(UST) was not properly registered

and that therefore, Lindsay-Klein

was ineligible for reimbursement

from the UST Fund. The Third

District found the OSFM’s

interpretation of the Gasoline

Storage Act (430 ILCS 15/4) to be

erroneous and reversed and

remanded the case.

On June 5, 1996, the Illinois

Supreme Court

(Cont’d on p.2)

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Inside This Issue

Significant Federal Actions

p4

Final Decisions

p18

New Cases

p21

Calendar of Hearings

p23

IEPA Restricted Status List

p25

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ENVIRONMENTAL REGISTER No. 510

November, 1996

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ppellate update

ppellate update

(Cont’d from p.1)

vacated the Third District’s judgment in the original

Lindsay-Klein appeal and directed the Third District to

reconsider its judgment in light of in First of America

Trust Co. v. Armstead, 171 Ill. 2d 282 664 N.E. 2d 282

(1996), reversing 269 Ill. App. 3d 432, 646 N.E. 2d 302

(Third Dist 1995). The Third District in its review of

the case reaffirmed its prior judgment and again reversed

and remanded the case. A petition for leave to appeal

this second decision was filed by the Office of the State

Fire Marshal (OSFM) and the Board. The Supreme

Court denied the petition for leave to appeal and on

October 29, 1996 the mandate issued from the Third

District.

The Third District held that the dealership's tank was

properly registered and reversed and remanded the

proceeding.

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emaking Update

making Update

(Cont’d from p.1)

codified in a new Part in Subtitle E of the Illinois

environmental regulations, along with the existing

agricultural rules. The existing rules derived in

significant part from the federal National Pollution

Discharge Elimination System (NPDES) regulations

under the Clean Water Act (CWA). The scope of the

new emergency rules is broader than the scope of the

existing NPDES-based regulations. In its opinion and

order adopting the emergency rules, the Board noted that

IDA anticipated filing a proposal for permanent rules in

late November, 1996.

Direct questions to Marie E. Tipsord, at 312-814-

4925 or 618-498-9803 (Internet address:

mtipsor@pcb016r1.state.il.us). Request copies of Board

orders from Victoria Agyeman, at 312-814-3620

(Internet address: vagyeman@pcb016r1.state.il.us).

Please refer to docket R97-14.

art II 15% ROP Cleanup Amendments Adopted,

R96-13

The Board adopted the Part II 15 percent reduction of

pollution (15% ROP) cleanup amendments on October

17, 1996. The Part II 15% ROP cleanup proposal would

make seven minor corrections to the 15% ROP Plan as

submitted by the Agency and adopted by the Board

between September 15, 1994 and May 4, 1995 in seven

parts. The Board adopted the 15% ROP regulations in

seven parts, as submitted by the Agency, between

September 15, 1994 and May 4, 1995. The aggregate of

the seven parts are intended to reduce emissions of

ozone-forming volatile organic compounds in the

Chicago and metropolitan East St. Louis areas, as

required by federal law. The federal Clean Air Act

Amendments of 1990 (CAAA) require a reduction in

ozone precursor emissions in areas that are

nonattainment for ozone.

(See issue 495, June-July,

1995.)

The seven Part II cleanup amendments allow a

source to obtain a variation in a control plan or use an

alternative test method through permit, amend equations

and correct a temperature used in calculation of net

heating value, and correct cross references within the

rules and to the

Federal Register

. The amendments also

reflect the adoption of P.A. 98-79, which nullified the

former bakery oven rules

(see issue 496, Aug-Sept.,

1995)

and correct the exemption for polyethylene foam

packaging operations to mirror that for polystyrene foam

packaging operations.

The Illinois EPA (Agency) filed its Part II 15 percent

ROP cleanup proposal on December 13, 1995 pursuant to

the "fast-track" procedure of Section 28.5 of the Act.

The Board accepted the proposal and proposed the

amendments without substantive review for First Notice

publication in the

Illinois Register

on December 20,

1995. The Board conducted public hearings on the

proposal on February 6, 1995 and proposed the

amendments for Second Notice review by the Joint

Committee on Administrative Rules (JCAR) on March

21, 1996.

(See issue 500, Jan., 1996.)

JCAR voted No

Objection to the amendments on October 15, 1996.

Direct questions to the hearing officer, K.C. Doyle,

at 312-814-3665 (Internet address:

kdoyle@pcb016r1.state.il.us). Request copies of Board

orders from Victoria Agyeman, at 312-814-3620

(Internet address: vagyeman@pcb016r1.state.il.us).

Please refer to docket R96-13.

mendments to Board Procedural Rules Proposed

for Public Comment, R97-8

The Board proposed amendments to its procedural

rules for public comment on October 3, 1996. The

proposal represents considerable effort on the part of the

Board, begun in 1995 on the event of its 25th

anniversary, to update and streamline its procedural

rules. The intent is to reflect changes that have occurred

in practice before the Board and to bring Board

procedures into line with the practices of sister agencies

of the state. Included are newly-codified procedures for

administrative citation and local siting review cases. In

addition to several amendments to the general provisions

and the additional procedures, the rules have been

substantially reworked and renumbered.

Direct questions to the hearing officer, Cynthia I.

Ervin, at 217-524-8509 (Internet address:

cervin@pcb084r1.state.il.us). Request copies of Board

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ENVIRONMENTAL REGISTER No. 510

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orders from Victoria Agyeman, at 312-814-3620

(Internet address: vagyeman@pcb016r1.state.il.us).

Please refer to docket R97-8.

upplemental Opinion and Order Adopted in

SDWA Update, R95-17

On October 17, 1996, the Board adopted a

supplemental opinion and order in the recent Safe

Drinking Water Act (SDWA) regulatory update. The

Board adopted identical-in-substance amendments to the

Illinois public water supplies regulations on September 5,

1996 under docket number R95-17. Docket R95-17

included federal amendments adopted by USEPA to the

federal SDWA regulations that occurred in the period

January 1 through June 30, 1995. Primarily, it included

a June 29, 1995 (60 Fed. Reg. 33912) action in which

USEPA made technical corrections to the SDWA

analytical methods. The Board proposed the

amendments on April 18, 1996, and a Notice of

Proposed Amendments appeared in the May 3, 1996

Illinois Register, at 20 Ill. Reg. 6121 (Part 607) and 6133

(Part 611). The Board then proceeded to adopt

amendments with a number of minor revisions based on

the public comments received. In adopting the

amendments on September 5, the Board declined to make

one revision requested by the Agency, concluding that

the Board was constrained to retain an amendment made

by USEPA. The Board has withheld filing the

regulations with the Office of the Secretary of State to

allow USEPA to comment on the issues raised by the

Agency's comments. Based on comments by the Agency

and in an effort to mitigate the impact of the questioned

USEPA amendment, the Board decided to adopt the

amendments but revised the text to ensure against

improperly broad application of the rule.

Direct questions to Michael J. McCambridge, at 312-

814-6924 (Internet address: mmccambr@pcb016r1.

state.il.us). Request copies of the Board's opinion and

order from Victoria Agyeman, at 312-814-3620 (Internet

address: vagyeman@pcb016r1.state.il.us). Please refer

to docket number R95-17.

nderground Storage Tank Amendments Proposed

for First Notice, R97-10; Predecessor Docket

Dismissed, R94-2(B)

On October 3, 1996, the Board proposed amendments

to the underground storage tank (UST) regulations under

docket number R97-10, for First Notice publication in

the

Illinois Register

. The Illinois Environmental

Protection Agency (Agency) filed a rulemaking proposal

on September 16, 1996, pursuant to P.A. 89-457

(effective May 22, 1996), to amend the UST rules. The

purpose of the amendments is to make the Illinois rules

more consistent with the federal Resource Conservation

and Recovery Act (RCRA) Subtitle I requirements, to

clarify issues that have arisen in implementation of the

Illinois program, and to resolve issues remaining from

the prior set of UST amendments. Predecessor docket

R94-2(B) left open issues relating to site classification

and risk-based cleanup objectives. P.A. 89-457 requires

the Board to complete this rulemaking on or before

March 15, 1997.

(See issues 509, Oct., 1996; 490, Jan.,

1995; 486, Sept., 1994 & 487, Oct., 1994.)

On October

3, the Board dismissed R94-2(B).

A Notice of Proposed Amendments appeared in the

October 25, 1996 issue of the

Illinois Register

, starting

the statutory 45-day public comment period on the

proposed amendments. After the close of the public

comment period, the Board will be free to propose the

amendments for Second Notice review by the Joint

Committee on Administrative Rules (JCAR). Direct

questions to Marie E. Tipsord, at 312-814-4925 or 618-

498-9803 (Internet address:

mtipsor@pcb016r1.state.il.us). Request copies of Board

orders from Victoria Agyeman, at 312-814-3620

(Internet address: vagyeman@pcb016r1.state.il.us).

Please refer to docket R97-10.

erchloroethylene Exemption From the Definition

of VOM Proposed For Public Comment, R96-16

The Board proposed an exemption from the definition

of volatile organic material (VOM) for public comment

on October 17, 1996. The proposal would exempt

perchloroethylene (tetrachloroethane) from reasonably

available control technology (RACT) regulation due to its

negligible photochemical reactivity. The identical-in-

substance amendment is based on the exemption of this

compound from the federal rules on February 7, 1996

(61 Fed. Reg. 4588). In proposing the exemption, the

Board noted that perchloroethylene would remain subject

to regulation as a hazardous air pollutant (HAP)

notwithstanding an exemption from RACT regulation.

A Notice of Proposed Amendments appeared in the

November 1, 1996 issue of the

Illinois Register

, starting

the 45-day public comment period on the proposed

amendments. The Board held a public hearing on the

proposal on November 20, 1996 in Chicago. After the

close of the public comment period, the Board will be

free to adopt the amendments. Direct questions to

Michael J. McCambridge, at 312-814-6924 (Internet

address: mmccambr@pcb016r1. state.il.us). Request

copies of the Board's opinion and order from Victoria

Agyeman, at 312-814-3620 (Internet address:

vagyeman@pcb016r1.state.il.us). Please refer to docket

number R96-16.

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CRA Subtitle C and UIC Dockets Consolidated,

Extension of Time Adopted, R96-10/R97-3/R97-5;

Reserved Identical-In-Substance Dockets Dismissed,

R97-1, R97-2, R97-4, R97-6 & R92-18, R93-7/R93-

23/R94-9/R94-27

On October 17, 1996, the Board took a number of

actions on its reserved identical-in-substance dockets

based on its review of federal actions over a several

month period and other factors. The Board reviewed

federal amendments during the period January 1 through

June 30, 1996 and determined to dismiss several dockets.

In the reserved exemptions from the definition of volatile

organic material (VOM) update docket, R97-1, the Board

determined that dismissal was appropriate because the

only federal action during the period, that of February 7,

1996, was already the subject of another reserved docket,

R96-16.

(See accompanying item.)

The Board further

determined that no federal actions occurred in the period

that would require amendments under the reserved Safe

Drinking Water Act (SDWA) update docket, R97-2; the

Resource Conservation and Recovery Act (RCRA)

Subtitle D municipal solid waste landfill update docket,

R97-4; and the reserved RCRA Subtitle I underground

storage tank (UST) update docket, R97-6. The Board

dismissed all three of those dockets. Further, the Board

reviewed its records to reveal that five reserved

contingency plan update dockets for various time-frames

were still open. The General Assembly repealed the

contingency plan mandate as part of the new

"Brownfields" legislation, in P.A. 89-431, effective

December 15, 1995.

(See issue 500, Jan., 1996.)

For

this reason, the Board dismissed dockets R92-18, R93-7,

R93-23, R94-9, and R94-27 in a single consolidated

order.

The dismissal of the reserved dockets left three

reserved dockets open for the update period of January 1

through June 30, 1996. Board action will be required in

each of the reserved underground injection control

(UIC), R97-3; RCRA Subtitle C hazardous waste, R97-

5; and wastewater pretreatment, R97-7 update dockets.

Amendments occurred to the federal regulations in each

of these three programs during the time. Due to the

relatedness of the federal RCRA Subtitle C and UIC

amendments during the period and the fact that related

RCRA Subtitle C update docket R96-10 is still pending,

the Board consolidated dockets R96-10, R97-3, and R97-

5 on October 17, 1996. In consolidating the dockets, the

Board set forth reasons for delay to extend the deadline

for Board action on the amendments. The Board took no

similar action to consolidate the reserved wastewater

pretreatment docket R97-7, despite the relatedness of the

federal amendments to those and to the UIC and RCRA

Subtitle C programs. The Board did not want to mix

consideration of amendments to land and water rules at

this time.

Direct questions to Michael J. McCambridge, at 312-

814-6924 (Internet address: mmccambr@pcb016r1.

state.il.us). Request copies of the Board's opinion and

order from Victoria Agyeman, at 312-814-3620 (Internet

address: vagyeman@pcb016r1.state.il.us). Please refer

to docket number R96-16.

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IGNIFICANT FEDERAL ACTIONS

IGNIFICANT FEDERAL ACTIONS

(Cont’d from p.1)

performance and would more fully advise communities

of the presence of toxic chemicals. USEPA announced

that it is scheduling meetings to discuss the form the

expansion would take and issue related to any expansion.

The TRI is the data collected by USEPA under the

Emergency Planning and Community Right-to-Know Act

(EPCRA) and the Pollution Prevention Act (PPA).

USEPA regulations have required facilities to report

releases of certain designated toxic chemicals under

EPCRA since 1988 (53 Fed. Reg. 4525, Feb. 16, 1988).

USEPA significantly expanded the listing of chemicals

for which reporting is required in 1994 (59 Fed. Reg.

61433, Nov. 30, 1994). USEPA estimated that releases

of toxic chemicals have been reduced by 44 percent as a

result of the reporting. Now USEPA is considering a

"TRI-Phase 3" project that would draw on non-TRI

authorities to expand reporting beyond the TRI, using

materials accounting methods in an effort to further

enhance pollution prevention incentives. USEPA

explained that its concept of tracking "chemical use"

would include quantitative and qualitative components to

aid understanding of material use and costs.

USEPA stated that the TRI-Phase 3 project grew out

of stakeholder meetings held in 1993 and 1994 and issues

papers released in 1994 and 1995. USEPA stated that

the meetings identified data gaps. These gaps include the

flow of material within facilities, tracking toxic

chemicals in products, occupational issues, measuring

pollution prevention and source reduction, and improving

the data for use as a research tool and in setting

priorities. USEPA scheduled two additional meetings

(61 Fed. Reg. 51330, Oct. 1, 1996; 61 Fed. Reg. 55612,

Oct. 28, 1996), on October 16, 1995 in Boston,

Massachusetts and October 29 and 30, 1996 in Baton

Rouge, Louisiana, to discuss the prospective expansion

of reporting beyond the TRI.

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ENVIRONMENTAL REGISTER No. 510

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bsolete and Redundant Provisions Removed from

Motor Vehicle Emissions Regulations

On October 2, 1996 (61 Fed. Reg. 51365), USEPA

removed obsolete and redundant provisions from the

motor vehicle emissions regulations. The removals

resulted from USEPA's review of the rules to identify

provisions that have become obsolete and redundant.

USEPA undertook the deletions without prior proposal

because the provisions do not relate to any future engine

certification activities. The deleted provisions related to

prior model year motor vehicles and payment of

nonconformance penalties based on payments to the State

of California, which no longer collects such penalties.

ew Gasoline Spark-Ignition Marine Engine

Requirements, Exemptions for New Large

Nonroad Compression-Ignition and New Small

Nonroad Spark-Ignition Engines Adopted

On October 4, 1996 (61 Fed. Reg. 52087), USEPA

adopted requirements for emission from new gasoline

spark-ignition marine engines and exemptions for

emission from new nonroad compression-ignition large

(greater than 37 kilowatt) engines and new nonroad

spark-ignition small (below 19 kilowatt) engines.

USEPA stated that emissions from spark-ignition marine

engines contribute significantly to elevated tropospheric

ozone concentrations in more than one ozone

nonattainment area. Under the regulations, engine

manufacturers will ultimately be required to demonstrate

a 75 percent reduction in hydrocarbon emissions from the

present engine emissions levels. The exemptions adopted

for nonroad large compression-ignition engines and small

spark-ignition engines are intended to parallel existing

exemptions currently applicable to highway engines.

Those exemptions are a competition exclusion and

revised criteria for a national security exemption.

ignificant New Use Rule Adopted to Require

Premanufacture Notification for Benzidine-Base

Chemicals

On October 7, 1996 (61 Fed. Reg. 52287), USEPA

adopted a significant new use rule (SNAR) to require 90

days advanced significant new use notice (SNUN) of the

manufacture, import, or processing of certain benzidine-

base chemicals for any significant new use. The action,

taken to amend the federal Toxic Substances Control Act

(TSCA), does not apply to existing uses of the covered

compounds. These existing uses include a reagent for

testing hydrogen peroxide in milk; a reagent for testing

for hydrogen sulfate, hydrogen cyanide, and nicotine;

and Congo Red (CAS no. 573-58-0) as an indicator dye.

USEPA stated that uses of the covered compounds was

presently limited, but expressed concern over any new

use of them due to their potential carcinogenicity.

ffluent Guidelines for 1996 Plan Adopted

On October 7, 1996 (61 Fed. Reg. 52581), USEPA

announced its adoption of the 1996 Effluent Guidelines

Plan in fulfillment of the Clean Water Act requirement

that USEPA biennially adopt such a plan. It is the plan

by which USEPA intends to develop new and revised

effluent guidelines and pretreatment standards. The Plan

identifies USEPA's priorities in developing effluent

guidelines for ten industry categories and the estimated

completion dates for those guidelines. USEPA proposed

the Plan on July 3, 1996 (61 Fed. Reg. 35041).

(See

507, Aug., 1996.)

The last plan published was for 1994,

in the August 26, 1994 (59 Fed. Reg. 44234) issue of the

Federal Register

.

Among the priorities listed in the 1996 Effluent

Guidelines Plan is the continued development of 10 rules

outlined in the 1994 plan that will affect pulp, paper, and

paperboard; pesticide chemicals; coastal oil and gas

extraction; centralized waste treatment; pharmaceutical

manufacturing; metal products and machinery; landfills

and incinerators; industrial laundries; and transportation

equipment cleaning facilities. USEPA projects

completion of all the guidelines, except that for pulp,

paper, and paperboard facilities, between 1996 and 1999,

depending on funding. USEPA further intends to begin

development of revised guidelines for the iron and steel

industry, complete preliminary studies of the

photographic processing and chemical formulating and

packaging industries, and plan development of guidelines

for seven additional, as yet unidentified industries for

adoption between 2000 and 2003. The candidates for

such guideline development include petroleum refining,

textile mill, inorganic chemical, steam electric power

generating, photographic processing, and chemical

formulating and packaging facilities. One factor in

consideration of any guidelines for the steam electric

power generating industry is the need for control of

zebra mussels.

USEPA stated that it selects categories for guideline

development based on three basic factors:

environmental, utility to states and publicly owned

treatment works (POTWs), and economic impacts. The

environmental factors involve comparison of the

discharges of various categories to approximate risk to

human health and the environment. The specific

environmental factors include the total priority pollutants

discharged, the total pollutants discharged, the total

priority toxic pounds-equivalent discharged, the number

of carcinogens present, the number of facilities

discharging to water quality-impaired receiving waters,

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and the number of documented cases of sediment

contamination. Among the specific factors for gauging

the utility to POTWs are the average priority pollutants

discharged, the average priority toxic pounds-equivalent

discharged, and the number of discharging facilities.

The economic factors include the cost and economic

achievabilty of additional controls and investment cycle.

USEPA stated that it developed its current effluent

guidelines plan pursuant to the consent decree in

NRDC

v. Browner

, No. 89-2980 (D.D.C. Jan. 31, 1992), as

subsequently modified, which commits USEPA to taking

final action on effluent guidelines, to conduct preliminary

studies for others, and to form an advisory committee,

the Effluent Guidelines Task Force. USEPA intends to

develop the new and revised guidelines according to its

own priorities under the consent decree.

omment Sought on National Standardization of

Facility Identification

On October 7, 1996 (61 Fed. Reg. 52587), USEPA

sought comment on a segment of its effort to reinvent

environmental regulations. It sought comment on options

for standardizing facility reporting; specifically, it seeks

to establish a national standard for reporting and

maintenance of information relating to facility

identification. The objective is to reduce the burden on

the regulated community while improving public access

to information. USEPA noted that the regulations

requiring facility information developed separately under

different statutory authorities with different objectives on

a media-by-media basis. USEPA noted that concepts of

cross-media environmental protection are evolving, yet

information gathering efforts have not adjusted to this

evolution. USEPA hopes to develop the first steps to a

"one-stop" reporting approach through its Facility

Identification Initiative. The objective in this initiative is

to identify facilities in a uniform way for all

environmental reporting requirements.

epartment of Agriculture to Conduct Public

Forums on Mandates under the Federal Agricul-

ture Improvement and Reform Act of 1996; Rule

Proposed for Implementing the Environmental

Quality Incentives Program

On October 7, 1996 (61 Fed. Reg. 52663), the U.S.

Department of Agriculture (USDA) announced its intent

to conduct public forums on fulfilling its mandates under

the Federal Agriculture Improvement and Reform Act of

1996. USDA seeks input on implementation of the

Highly Erodible Land Compliance Program, Wetlands

Conservation Program, Conservation Reserve Program,

and Environmental Quality Incentives Program (EQIP),

as mandated by that legislation. The 54 public forums

were scheduled to occur October 11 through 21, 1996 in

various locations throughout the country, including

October 15 in Springfield. For example, under the

legislation, the Conservation Reserve Program will

encourage farmers to plant up to a total of 36.4 million

acres of permanent areas of grass and trees on land

subject to erosion, in order to improve soil, water, and

wildlife resources. As another example, the

Environmental Quality Incentives Program will provide

assistance on livestock-related conservation practices,

providing funding and technical assistance to farmers in

this regard and encouraging the development of

conservation plans.

On October 11, 1996 (61 Fed. Reg. 53573), the

USDA Commodity Credit Corporation (CCC) proposed

regulations for implementing the EQIP. The EQIP

would consolidate several existing conservation programs

to provide technical, financial, and educational assistance

to farmers and ranchers facing threats to natural

resources on their lands. CCC will designate areas

having significant soil, water, or related natural resource

concerns as priority areas, which will receive the

primary focus of the program. Congress authorized $1.3

billion over the seven years of FY 1996 through FY 2002

to fund the program, which USDA estimates will involve

37 million acres of agricultural land, consisting of an

estimated 19 million acres of cropland, 4 million acres of

pasture, and 14 million acres of rangeland, with 31.5

million acres within priority areas. USDA estimates the

annual on-site returns for the program at about $427

million, including increased farm income, reduced

lowered operation and maintenance costs, and enhanced

productivity through long-term maintenance of soil

resources. The annualized off-site benefits are estimated

to confer a $336 million through enhanced aquatic habitat

and recreation opportunities and reduced sedimentation

and flooding.

ublic Comment, Compliance Deadlines Extended

for Architectural Coatings Volatile Organic

Emissions Rules

On October 8, 1996 (61 Fed. Reg. 52735), USEPA

extended the public comment period and delayed the

compliance deadline for its national volatile organic

emissions rules applicable to architectural coatings. The

public comment period was extended to November 4,

1996, and USEPA extended the former compliance

deadline of April 1, 1997 to January 1, 1998.

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USEPA proposed the VOC emissions standards on

June 25, 1996 (61 Fed. Reg. 32729), as a segment of its

program to limit VOC emissions from consumer and

commercial products for U.S. sale and distribution,

pursuant to section 183(e) of the federal Clean Air Act

(CAA), based on its determination that emissions from

consumer products can contribute to tropospheric ozone

formation. The proposed rule would define an

"architectural coating" as "a coating recommended for

field application to stationary structures and their

appurtenances, to portable buildings, to pavements, or to

curbs" and impose limitations on the VOC content of 55

categories of architectural coatings. It would also

impose product labeling, testing, recordkeeping, and

reporting requirements. As an alternative to compliance

with the VOC limitation, USEPA is considering allowing

a product importer or manufacturer to pay an

"exceedance fee" to keep its product on the market.

USEPA estimated that the rule would nationally reduce

VOM emissions from these products by 106,000 tons per

year (tpy), or by 20 percent of the 530,000 tpy in base

year 1990 emissions. USEPA originally stated in its

proposal that it anticipated timely adoption of the rules so

that they will become effective as to coatings imported or

manufactured for sale or distribution in the U.S. on and

after April 1, 1997. It appears that that date will now

become January 1, 1998.

(See issues 507, Aug., 1196 &

508, Sept., 1996.)

(Note: On April 2, 1996 (61 Fed. Reg. 14531), in a

related set of rules under CAA section 183(e), USEPA

proposed VOC emission standards for consumer

products. USEPA estimated that those proposed emission

standards would reduce VOC emissions nationally by

90,000 tons per year. In proposing those regulations,

USEPA noted that four states presently have regulations

governing the VOC content of some consumer products:

California, Massachusetts, New York, and Texas.

Further, 13 states submitted VOC reductions through a

federal consumer products regulation as part of their 15

percent ROP plans. Representatives of the consumer

products industry expressed concern over the effect of

multiple standards nationwide. In response, USEPA

proposed that rule that would regulate the VOC content

of 24 categories of consumer products, ranging from air

fresheners to automotive and household cleaners,

hairsprays, adhesives, household pesticides, nail polish

removers, and shaving creams. See issue 504, May,

1996.)

ne HFC and Two HCFCs Added to List of

Compound Exempted from the Definition of

VOM

On October 8, 1996 (61 Fed. Reg. 52847), USEPA

added one hydrofluorocarbon (HFC) and two hydro-

chlorofluorocarbon (HCFC) to the list of compounds

exempted from the definition of volatile organic material

(VOM, the same as "volatile organic compound,” as

actually used in the federal regulations). The HFC is

HFC-143mee, whose chemical name is

1,1,1,2,3,4,4,5,5,5-decafluoropentane (CAS number

138495-42-8). The HCFCs are isomers; they are

HCFC-225ca, whose chemical name is 3,3-dichloro-

1,1,1,2,2-pentafluoropropane (CAS number 422-56-0),

and HCFC-225cb, whose chemical name is

1,3-dichloro-1,1,2,2,3-pentafluoropropane (CAS number

507-55-1). These compounds are solvents used in

electronics and precision cleaning operations. USEPA

excluded them from the definition of VOM based on

their negligible photochemical reactivity--

i.e.

, the low

rate at which they participate in the photochemical

reactions that result in the formation of tropospheric

ozone under certain circumstances.

(Note: The Board will adopt corresponding

exemptions from the Illinois definition of VOM in the

definition of VOM update docket for the period July 1

through December 31, 1996, which has not yet been

reserved.)

SEPA Determines Not to Revise the NO

2

NAAQS

On October 8, 1996 (61 Fed. Reg. 52851), USEPA

determined not to alter the national ambient air quality

standard (NAAQS) for nitrogen dioxide (NO

2

). The

primary and secondary NAAQSs for NO

2

were

established on April 30, 1971 (36 Fed. Reg. 8186) and

reviewed and reaffirmed by USEPA on June 19, 1985

(50 Fed. Reg. 25532). (Primary NAAQSs are based on

effects on human health; secondary standards are based

on effects on the public welfare (including the

environment).) USEPA conducted a mandatory 5-year

review of the effects of NO

2

emissions pursuant to

Sections 108 and 019 of the Clean Air Act, as amended

in 1990 (42 U.S.C. §§ 7408 & 7409), under the consent

order entered in

Oregon Natural Resources Council v.

Browner

, No. 91-6529-HO (D. Or. Feb. 8, 1995).

USEPA conducted a full scientific review of the effects

of NO

2

emissions. Although it raised a number of

questionable areas where it could not attribute observed

environmental effects, USEPA determined that no

change was appropriate to either the primary or

secondary NAAQS. USEPA published its proposed

determination to retain the prior NO

2

standard on

October 11, 1995 (60 Fed. Reg. 52874).

(See issue 499,

Nov., 1995.)

The NAAQS for NO

2

is 100 micrograms per cubic

meter of air (mg/m

3

), or 0.053 parts per million (ppm),

annual arithmetic average. Typical peak NO

2

levels

across the country range from 0.007 to 0.061 ppm, the

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highest hourly values range from 0.04 to 0.54 ppm. All

areas of the country are currently in compliance with the

NAAQS for NO

2

. Los Angeles is the only area that has

had any history of nonattainment with the current

standard.

USEPA stated that NO

2

forms in the atmosphere from

the oxidation of nitric oxide (NO). NO

2

emissions can

adversely affect human health, vegetation, materials, and

visibility. Nitrogen oxides NO

x

(the sum of NO and

NO

2

) can contribute to the formation of tropospheric

ozone, the deposition of acidic precipitation (acid rain),

and eutrophication of aquatic systems. Anthropogenic

sources of NO

x

include motor vehicles and electric utility

generating plants. Natural sources produce a

comparatively minor in amount of NO

x

.

(Note: USEPA published a similar determination not

to revise the identical primary and secondary NAAQS for

sulfur dioxide (SO

2

) on May 22, 1996 (61 Fed. Reg.

25566). (See memo of June 21, 1996.) However,

USEPA did make "several minor technical changes.”

USEPA adopted the primary and secondary NAAQSs for

SO

2

on April 30, 1971 (36 Fed. Reg. 8186). In

determining not to revise the NAAQS for SO

2

, USEPA

further determined that existing SO

2

emission standards

are sufficient so that a program for regulating short-term

peak ambient concentrations under section 303 of the

CAA is not necessary. Nevertheless, USEPA planned to

propose section 303 program standards to help guide the

states in dealing with episodic events.

Similarly, USEPA published an advance notice of

proposed rulemaking (ANPRM) on June 12, 1996 (61

Fed. Reg. 29719) announcing its intent to propose

decisions by November 29, 1996 whether to retain or

revise the NAAQSs for ozone and particulate matter

(PM). (See memo of July 23, 1996.) USEPA used the

ANPRM to identify key issues involved its decisions on

the NAAQSs. The November 29 date for proposal of

USEPA's determinations derived from a judicial order in

American Lung Association v. Browner

, 884 F. Supp.

345 (D. Ariz. 1994). That order, relating to PM only,

imposed a June 28, 1997 deadline for adoption of any

final USEPA decision.)

oluntary TSCA Report Cover Sheet Submitted for

OMB Review Preliminary to Electronic Data

Submissions

On October 9, 1996 (61 Fed. Reg. 52940), USEPA

submitted a voluntary cover sheet for Toxic Substances

Control Act (TSCA) data submissions to the Office of

Management and Budget (OMB) for review. USEPA

stated that it has received requests from regulated entities

that it accept electronic data filings. USEPA has been

working with the Chemical Manufacturers Association

(CMA), the Specialty Organics Chemical Manufacturers

Association (SOCMA), and the Chemical Industry Data

Exchange (CIDX) to this end. The CMA developed a

standardized cover sheet for voluntary use by industry as

a first step towards electronic filings. The sheet is

intended to facilitate submissions by displaying certain

basic data elements to permit USEPA to quickly identify

and manage the attached data.

ettlement Proposed in CAA HAPs Guidance

Litigation

On October 9, 1996 (61 Fed. Reg. 52941), USEPA

announced that a proposed partial consent decree was

filed on September 27, 1996 in two lawsuits filed by the

Sierra Club in the District of Columbia federal district

court. The lawsuits challenged USEPA's failure to meet

the statutory deadlines required under sections 112(c)(3),

(c)(6), and (k)(3) and 202(l)(2) of the federal clean Air

Act (CAA), relating to hazardous air pollutant (HAP)

emissions from mobile and stationary sources. The

proposed decree would set dates by which USEPA is to

perform the required actions. Under the CAA mandates

involved, USEPA was to have listed categories and

subcategories of area sources by November 15, 1995 that

represent 90 percent of the area source emissions of the

30 HAPs that represent the greatest threat to public

health and of certain specified chemical compounds

(alkylated lead and polycyclic aromatic compounds, poly-

chlorinated biphenyls (PCBs), 2,3,7,8-tetrachloro-

dibenzo-

p

-dioxin (dioxin), and 2,3,7,8-tetrachloro-

dibenzofurans). USEPA was also to have submitted a

comprehensive HAP control strategy to Congress by

November 15, 1995 and establish standards for HAP

emissions from motor vehicles by May 19, 1995,

specifically including formaldehyde.

mergency Pesticide Exemption Granted to Illinois

Department of Agriculture

On October 9, 1996 (61 Fed. Reg. 52945), USEPA

granted the Illinois Department of Agriculture an

emergency exemption for a pesticide product. The

product, propamocarb hydrochloride, was to be used to

control late blight on potatoes. The period of the

exemption was July 1 through October 15, 1996.

omment Requested on How USEPA Calculates

Economic Benefit of Noncompliance in Enforce-

ment Cases

On October 9, 1996 (61 Fed. Reg. 53025), USEPA

requested comment on its method and model for

calculating economic benefits derived through

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noncompliance. USEPA uses this calculation in

enforcement cases. USEPA is seeking comment on the

most effective mechanism for recapture, the methodology

and assumptions employed in its computer model, and

the precision and user-friendliness of the model. The

model, called "BEN,” was developed in 1984, and

USEPA has used it since that time to generate penalty

figures for settlement purposes that would reflect the

economic benefit a violator derived through

noncompliance. The BEN model takes into account two

components of cost savings through delaying and

avoiding necessary pollution control costs. It does not

take into account a third component relating to an illegal

competitive advantage gained through noncompliance.

USEPA stated that it lacks a standard methodology for

computing this third component, so it considers

competitive advantage on a case-by-case basis.

conomic Impact Study Available for Chicago

Area Water Pollution Control Project

On October 11, 1996 (61 Fed. Reg. 53372), USEPA

announced that it had received a number of economic

impact statements (EISs). One of these related to

implementation of a project in Illinois, the Chicagoland

Underflow Plan, McCook Reservoir Construction, and

Operation for Temporary Retention of Floodwaters in

Metropolitan Chicago, Cook County.

roposed Clarification of Marine Sanitation Device

No Discharge Zone Application Procedure

On October 16, 1996 (61 Fed. Reg. 54013), USEPA

proposed amended procedures for states to apply for

marine sanitation device no discharge zone designations.

The Clean Water Act (CWA) authorizes USEPA to

designate drinking water intake no discharge zones upon

application by a state. Pursuant to section 312(f)(3) of

the CWA, USEPA may grant a no discharge zone

designation if it determines that the waters require

additional protection. Under section 312(f)(3), USEPA

must find that adequate pumpout facilities are reasonably

available to adequately manage the sewage. Since 1977,

when this provision was added, USEPA has made 30

such designations. Vessels are prohibited from

discharging sewage within a no discharge zone.

Alternatively, USEPA may designate a no discharge zone

pursuant to section 312(f)(4)(A) if it determines that

there is a need for special protection for the enhancement

or protection of the quality of a water body, such as a

pristine water body. USEPA has granted one such

section 312(f)(4)(A) designation to date. Finally,

USEPA may designate a no discharge zone pursuant to

section 312(f)(4)(B) to protect a drinking water intake.

USEPA has granted one such designation to date

pursuant to section 312(f)(4)(B). USEPA is not required

to find that pumpout facilities are reasonably available to

make a determination under either of section

312(f)(4)(A) or (f)(4)(B). Further, USEPA is not

required to make a finding that special protection is

necessary to designate a drinking water no discharge

zone. USEPA intends clarification of these requirements

in its regulations that set forth the requirements for

application by a state for a no discharge zone

designation.

xpanded List of Acceptable Substitutes for Ozone-

Depleting Substances

On October 16, 1996 (61 Fed. Reg. 54029), USEPA

amended its Significant New Alternatives Policy (SNAP)

regulations. In addition to the addition of SNAP listings

relating to refrigeration and air conditioning, USEPA

revised its procedures for evaluating requests for motor

vehicle air conditioning substitutes to require an applicant

to submit a unique fitting and label for its proposed

substitute with its application for SNAP review. USEPA

further corrected an earlier error by requiring barrier

hoses with certain substitutes in motor vehicle uses.

USEPA also imposed conditions on the use of all vehicle

air conditioning agents. Including the requirements for

unique fittings and labels for each refrigerant, USEPA is

requiring a person retrofitting a vehicle to label the air

conditioning system with certain information, and it is

prohibiting any "top-off" of a system with a refrigerant

other than that contained in the system. Not related to

air conditioning substitutes, listed a number of solvent

cleaning substitutes, including workplace use safety

standards that are effective until the Occupational Safety

and Health Administration (OSHA) adopts standards, and

aerosol use substitutes.

Section 612 of the CAA required USEPA to develop

a program for evaluating alternatives to ozone-depleting

substances, which USEPA has done and dubbed the

"SNAP" program. Section 612 makes it unlawful to

replace any Class I (chlorofluorocarbon, halon, carbon

tetrachloride, methyl chloroform, methyl bromide, and

hydrobromofluorocarbon) or Class II (hydrochlorofluoro-

carbon) ozone-depleting substance with one that USEPA

determines may present adverse effects on human health

or the environment if USEPA has determined that an

alternative is currently or potentially available that

reduces risks. Section 612 further requires USEPA to

publish lists of substitutes that it has found acceptable or

unacceptable. USEPA has identified five possible use

designations for substitutes: acceptable; acceptable,

subject to use conditions; acceptable, subject to narrow

use limits; unacceptable; and pending.

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ode of Environmental Management Principles

Issued for Federal Agencies

On October 16, 1996 (61 Fed. Reg. 54061), USEPA

announced that it had issued a Code of Environmental

Management Principles (CEMP) for federal agencies.

CEMP is the result of Presidential Order 12856

("Federal Compliance with Right-to-Know Laws and

Pollution Prevention Requirements"), signed by the

President on August 3, 1993. Federal agencies formed

the Charter for the Interagency Pollution Prevention Task

Force on September 12, 1995, committing to excellence

through participation in the Federal Government

Environmental Challenge Program and the establishment

of CEMP. USEPA forwarded the CEMP to federal

agencies on September 3, 1996, requesting written

commitment to the CEMP principles and a description of

each agency's plans for implementation. CEMP

addresses the government's environmental responsibility

through five broad management principles: (1)

management commitment to improved environmental

performance, (2) implementation of programs to identify

problem areas, (3) enabling personnel to perform their

duties consistent with environmental policies, (4)

ensuring environmental performance and accountability,

and (5) assess progress and improve performance.

roposed Partial Consent Decree for an Illinois

(Cook County) CERCLA Site

On October 17, 1996 (61 Fed. Reg. 54217), USEPA

announced that a partial consent decree had been lodged

in the U.S. District Court for the Northern District of

Illinois on October 1, 1996 in

U.S. v. Kaiser

, no.

96C1743. This Comprehensive Environmental

Response, Compensation and Liability Act ("CERCLA")

case involves an Illinois site in Elk Grove Village:

Danforth Corporation. The consent decree would

resolve the claims against five individuals in exchange

for the payment of $350,000 in unrecovered response

costs incurred by the government at the site.

roposed CAA NSPSs Withdrawn for Starch

Production Plants, Cold Cleaning Machine

Operations, and Organic Solvent Cleaners

On October 18, 1996 (61 Fed. Reg. 54377), USEPA

withdrew the proposed Clean Air Act (CAA) new source

performance standards (NSPSs) for starch production

plants, cold cleaning machine operations, and organic

solvent cleaners. USEPA proposed the NSPS for starch

production plants on September 8, 1994 (59 Fed. Reg.

46381), the NSPS for cold cleaning machine operations

on September 9, 1994 (59 Fed. Reg. 46602), and the

NSPS for organic solvent cleaners on June 11, 1980 (45

Fed. Reg. 39765). USEPA withdrew the proposed

NSPSs in response to its evaluation of the public

comments received on the proposals. It concluded that

the NSPS for starch production plants would achieve

little reduction in emissions and was therefore

unnecessary, not cost effective, and would not serve the

purposes of the CAA. USEPA concluded that all cold

cleaning machines would likely employ BDT on the basis

of existing reasonably available control technology

(RACT) regulations and control technology guidelines

(CTGs) and the national emission standards for

hazardous air pollutants (NESHAP) for halogenated

solvent cleaning in the absence of the cold cleaning

machine operations and organic solvent cleaners NSPSs,

so the proposed NSPSs were unnecessary as to those

sources.

emoval of Copper Metal from EPCRA Reporting

Denied

On October 18, 1996 (61 Fed. Reg. 54381), USEPA

denied a petition to remove copper metal from the list of

substances subject to the Emergency Planning and

Community Right-to-Know Act (EPCRA) reporting

requirements. USEPA denied the petition based on its

conclusion that copper ion (copper I and copper II) can

become available from metallic copper. Copper ion is

toxic to several aquatic species.

The petition, filed on August 17, 1995 by the

National Electrical Manufacturers Association, requested

that USEPA limit the metallic copper listing among the

substances subject to the EPCRA reporting requirements

to the vapor and dust forms of metallic copper. In

reviewing the petition, USEPA noted that copper metal

reacts at varying rates with moist air, mineral acids, and

organic acids for form highly soluble copper salts.

Although it is a micronutrient for animals and humans,

acute copper exposure can cause nausea, vomitting, and

diarrhea in these organisms. More severe exposures can

cause vascular injury, hemolytic anemia, and kidney and

liver damage. USEPA does not anticipate that releases

of copper metal can cause these health effects beyond

facility boundaries, but the effects of very low exposures

to copper ion can prove highly acutely and chronically

toxic to aquatic organisms. Based on this potential

environmental effect, USEPA determined that it could

not qualify the listing for copper as requested.

hicago Area Major Non-CTG Rules SIP Revision

Approved

On October 21, 1996 (61 Fed. Reg. 54556), USEPA

approved the Chicago reasonably available control

technology (RACT) state implementation plan (SIP) to

replace the federal implementation plan (FIP) for the

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metropolitan Chicago area. The approved regulations

apply to certain major sources in the Chicago

metropolitan area not covered by federal control

technology guidelines (non-CTG). They apply to sources

that have the potential to emit 25 tons or more per year

of volatile organic material (VOM). This SIP revision

superseded the final elements of the federal

implementation plan (FIP) adopted by USEPA for the

Chicago metropolitan area on June 29, 1990 (55 Fed.

Reg. 46562). In submitting the rules to USEPA for

review on October 21, 1993 and March 4, 1994, the

Illinois Environmental Protection Agency (Agency)

estimated that the rules would reduce emissions from 119

sources by 2.78 tons of VOM per day.

The rules involved are the RACT regulations, as

amended by the Board on September 9, 1993, in R93-9,

and January 6, 1994 in R93-14. The R93-9 amendments

were a cleanup of the existing Part 218 regulations,

originally adopted by the Board in R91-7, on July 25,

1991. The R91-7 rules of Part 218, as amended through

R93-9, established RACT requirements for the Chicago

metropolitan area. The R93-14 amendments apply to

major sources in the Chicago metropolitan area: those

that emit or have the potential to emit 25 tons per year or

more of volatile organic material (VOM). This lowered

the applicable emissions cutoff limit from 100 tons per

year in conformance with the requirements of the federal

Clean Air Act (CAA) applicable in severe ozone

nonattainment areas, like the Chicago metropolitan area.

The R93-14 established RACT requirements for two

CTG source categories and for sources for which

USEPA had not developed a CTG (non-CTG sources).

The CTG sources for which RACT requirements were

adopted R93-14 were the flexographic and rotogravure

printing industry and petroleum dry cleaners. The R93-

14 amendments adopted RACT requirements for several

non-CTG sources, including the polyester resin products

manufacturing, aerosol can filling, leather coating, glass

manufacturing, and miscellaneous leaks categories.

USEPA published a direct final rule approving the

SIP revision on January 26, 1996 (61 Fed. Reg. 2423).

An accompanying notice of proposed amendments

appeared the same day (61 Fed. Reg. 2464). On March

25, 1996 (61 Fed. Reg. 12030), USEPA withdrew its

approval of the Chicago area SIP revision in response to

significant adverse public comments it had received.

(See 501, Feb., 1996 & 503 Apr., 1996.)

The Illinois

Environmental Regulatory Group (IERG) submitted those

comments, in which it objected to the ability of USEPA

to deem an Agency-issued federally enforceable state

operating permit (FESOP) "not federal enforceable" at

any time by a letter to the Agency, not just in the draft

permit comment period.

(Note: USEPA approved the

Illinois FESOP program on December 17, 1992, 57 Fed.

Reg. 59930.)

A FESOP could limit a source's potential

to emit VOM below the RACT cutoff limit through

capacity or production limitations, thus exempting the

source from the RACT rules. IERG was concerned that

this would leave a source unprotected by its permit and

subject to the RACT rules.

USEPA responded to the comment that the legal

authority for reviewing an issued permit and deeming it

"not federally enforceable" is an essential part of a state

FESOP program, one included in the Illinois program.

USEPA responded further, however, that it will

endeavor to conduct its review during the draft comment

period, but circumstances could prevent completion of

the review during that time.

In approving the SIP, USEPA noted that the Illinois

SIP submittal does not include non-CTG regulations

applicable to the 11 source categories for which USEPA

was to have issued CTGs under section 183 of the CAA,

but which it has not yet issued. USEPA stated that

Illinois was to have adopted regulations applicable to

these 11 source categories by November, 1994. USEPA

explained that section 182(b)(2) of the Clean Air Act

(CAA), as amended in 1990, divided the universe of

sources into three categories: (1) those for which

USEPA had developed a CTG (including 29 categories);

(2) those for which USEPA had not developed a CTG

but for which USEPA was to have developed a CTG by

November, 1993 (including 13 source categories); and

(3) those not covered by a CTG. The states were to have

adopted RACT requirements for all the CTG sources and

for all major non-CTG sources (those emitting 100 tons

per year or more of VOM) prior to the amendments

under pre-existing federal law. The 1990 CAA

amendments required USEPA to develop CTGs for 13

source categories by November, 1993. The 1990

amendments also required the states to submit regulations

for non-CTG sources by November, 1992, but it allowed

the states to defer action on the 13 source categories for

which USEPA was to develop a CTG. If USEPA did not

develop a CTG for a source category by November,

1993, the 1990 amendments allowed the states until

November, 1994 to submit RACT requirements for the

deferred source categories, with implementation to occur

by May, 1995. USEPA actually developed CTG for

only two of the 13 source categories: the synthetic

chemical manufacturing industry (SOCMI) and reactors

and distillation categories. Thus, USEPA did not

develop CTG for 11 source categories.

evisions Proposed to the PCB Criteria for Human

Health for the Final Water Quality for the Great

Lakes System

On October 22, 1996 (61 Fed. Reg. 54748), USEPA

proposed revisions to the polychlorinated biphenyls

(PCBs) water quality criteria for human health and

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wildlife for the final Water Quality for the Great Lakes

System (Great Lakes Guidance). Under the proposed

revisions, the human health cancer criterion for PCBs

would increase from 0.0000036 micrograms per liter

(mg/l) to 0.0000068 mg/l, and the wildlife criterion

would change from 0.000074 mg/l to 0.00012 mg/l.

USEPA stated that the proposed revised criteria will

more accurately reflect the limits necessary for

protection of human health and wildlife in the Great

Lakes system. USEPA did not propose revising the

bioaccumulation factor (BAF) for PCBs or any other

aspect of the criteria for human health and the

environment.

USEPA adopted the final Great Lakes Guidance on

March 23, 1995 (60 Fed. Reg. 15366). It established

Great Lakes water quality criteria for 29 pollutants to

protect human health and wildlife. The Great Lakes

Guidance further outlined methodologies for developing

further criteria. The Guidance is binding and intended

for use in establishing permit limitations for discharges

into the Lakes. The Great Lakes states must develop

criteria consistent with the Great Lakes Guidance by

March, 1997.

After adoption, a number of industries and trade

groups challenged the PCB criteria Great Lakes

Guidance in court. (

American Iron and Steel Industry v.

EPA

, no. 95-1348 (D.C. Cir.) (consolidated).) USEPA

reevaluated the PCB criteria as a result and decided to

use a different method for calculating its results; it

altered the approach to calculating the composite baseline

BAF and octanol-water separation coefficient (K

OW

) for

PCBs, which is actually a designation for several

chemical compounds with different BAFs and K

OW

s. The

recalculation resulted in different composite BAF and

K

OW

for PCBs and proposed revision of the PCB water

quality criteria based on them.

ederal Test Procedure Amended for Light-Duty

Vehicles and Light-Duty Trucks

On October 22, 1996 (61 Fed. Reg. 54851), USEPA

amended the Federal Test Procedure (FTP) for light-duty

vehicles (LDVs) and light-duty trucks (LDTs). USEPA

explained that the primary change is the addition of a

Supplemental FTP intended to address shortcomings in

the FTP relating to aggressive driving behavior, rapid

speed fluctuations, driving following startup, and use of

air conditioning. Another change to the core FTP is

intended to reflect real road forces on the dynamometer

used in the testing. USEPA estimated that the

amendments would result in a two-percent reduction in

emissions of non-methane hydrocarbons (NMHC), an 11-

percent reduction in carbon monoxide (CO) emissions,

and a nine-percent reduction in nitrogen oxides (NO

X

)

emissions from the subject vehicles. The amendments

apply to all new model year 200 and later light LDVs

and LDTs certifying with gasoline and all LDVS and

LDT1s certifying with diesel fuel. (An LDT1 is an LDT

that has a gross vehicle weight rating less than 3,750

pounds.) The amendments were prompted by section

206(h) of the Clean Air Act Amendments of 1990

(CAAA), which required USEPA to review the existing

FTP for the purpose of amending it to make the FTP

more accurately reflect actual driving conditions.

ew NIH Grants Rules for Research on Human

Health Effects of Hazardous Substances

On October 24, 1996 (61 Fed. Reg. 55113), the

Department of Health and Human Services, National

Institutes of Health (NIH) adopted rules to govern grants

for research and training relating to the results of human

exposure to hazardous substances. The grants,

authorized by section 311(a) of the Comprehensive

Environmental Response, Compensation, and Liability

Act of 1980 (CERCLA), as amended by the Superfund

Amendments and Reauthorization Act of 1986 (SARA),

are intended to fund projects linking biomedical research

with engineering, hydrogeologic, and ecologic research

and training. NIH began its implementation of the

mandate in 1986

(see 51 Fed. Reg. 43089, Nov. 21,

1986)

, but more recently determined the need for

regulations governing the grants.

utomotive Repair Facility Information Collection

Request Prepared for OMB Review

On October 25, 1996 (61 Fed. Reg. 55293), USEPA

requested public comment on a proposed information

collection request (ICR) before submitting it to the Office

of Management and Budget (OMB) for review. The

ICR, entitled "Automotive Service and Repair

Compliance Checklist,” is intended as a multi-media

checklist to quickly review overall compliance in the

automotive service and repair sector. USEPA stated that

its current efforts to determine compliance in this sector

have proven difficult, and it intends the ICR plans to

facilitate those efforts. Community college students in

four areas of the country will visit facilities in the sector

to compile the information. USEPA will not have access

to the identity of the individual shops where the

information was gathered. USEPA will repeat the ICR

after two years to gauge whether its outreach efforts to

this sector have improved the compliance rate. This ICR

will be conducted as part of grant awarded an umbrella

organization representing 40 affiliates in the industry

sector. USEPA estimated that the cost of completing the

survey is about $62.50 for the two and a half hours it

takes to complete.

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raft Environmental Impact Statement Received

for Great Lakes Icebreaking Project

On October 25, 1996 (61 Fed. Reg. 55294), USEPA

announced that it had received a draft environmental

impact statement prepared by the U.S. Coast Guard,

Ninth District on the Great Lakes icebreaking project.

Illinois is among the eight states listed as impacted by

this project.

inal State Revolving Fund Funding Framework

and Policy and Guidance Document Available

On October 25, 1996 (61 Fed. Reg. 55297), USEPA

announced the availability of a final State Revolving

Fund (SRF) Funding Framework and Policy and

Guidance document. USEPA stated that it engaged in a

dialog with states regarding the use of SRF funds for

non-traditional projects in which the connection with

water quality is less clear. The final Policy establishes

voluntary guidelines for funding traditional projects and

sets forth policy for states desiring to use SRF funds for

non-traditional projects. For non-traditional projects, a

state must use an integrated priority system in its

consideration. The Policy is effective in preparation of

states' 1998 SRF Intended Use Plans.

evised Guidance Released for Superfund

Reimbursement Requests

On October 25, 1996 (61 Fed. Reg. 55298), USEPA

announced that it had released revised guidance on its

procedures for submitting requests for reimbursement

under section 106(b) of the Comprehensive

Environmental Response, Compensation, and Liability

Act (CERCLA or Superfund). USEPA originally issued

the guidance in June, 1994 for petitions for compensation

under section 106(b), which allows a person who has

engaged in corrective action in compliance with an

administrative order to seek reimbursement of reasonable

costs, plus interest. The person seeking the

reimbursement must demonstrate that it was not liable

under CERCLA section 107(a) or that USEPA's ordered

response action was arbitrary and capricious. USEPA

released revised guidance on October 9, 1996 based on

its two years' experience processing these petitions since

1994.

nterim Guidance for Implementation of the

Drinking Water State Revolving Loan Fund

Available; Comment Sought on Allocation of DWSRF

Funds

On October 28, 1996 (61 Fed. Reg. 55635), USEPA

announced that it had released interim guidance for

implementation of the Drinking Water State Revolving

Loan Fund (DWSRF) for review and public comment.

The Safe Drinking Water Act Amendments of 1996

(SDWAA) established the DWSRF, which the USEPA

Office of Water will administer. It authorized $9.6

billion to the fund for fiscal years 1994 through 2003.

The FY 1997 budget is $1.275 billion. SDWAA

established protection of drinking water through source

water protection and enhanced water system

management. States will be required to assemble a list of

priorities for the funds and will be allowed to use

DWSRF funds to address local needs that meet minimum

federal requirements. The states will be required to

reserve a portion of their DWSRF funds for use by small

water systems. USEPA planned a public meeting on

November 12, 1996 in Washington, DC to receive public

comment on the interim guidance.

On October 31, 1996 (61 Fed. Reg. 56231), USEPA

sought public comment on the allocation of DWSRF

funds among the states. USEPA intends to allocate the

FY 1997 funds based on the formula it used to allocate

FY 1995 public water system supervision grant funds.

SDWAA mandates that USEPA allocate DWSRF funds

based on the most recent Drinking Water Needs Survey

in each of FY 1998 and later years. USEPA has been

conducting the first such survey over the last two years,

and publication of the results is required by February,

1997. The needs survey includes only community water

supplies, not that of the estimated 19,000 non-community

supplies in the country. The Survey is based on the

needs of 4,000 community systems, including nearly all

of the 795 larger systems in the U.S. USEPA stated that

it will establish a formula for funds allocation based on

the Needs Survey, providing each state a share of at least

one percent of the available funds. USEPA requested

comment on six options for funds allocation: total need,

current need, current SDWA need, total SDWA need, a

hybrid of current need and current SDWA need, and a

hybrid to emphasize small systems need. Total need

includes current need over the next 20 years for source

water, storage, treatment, transmission, and distribution.

Current need emphasizes presently-needed

improvements. SDWA need is what is required to assure

compliance with SDWA requirements. USEPA stated

that it could define a small system as serving fewer than

10,000, 3,300, or some other number of persons.

lean Air Act Advisory Committee Charter

Renewed

On October 29, 1996 (61 Fed. Reg. 55800), USEPA

announced that it had renewed the charter of the Clean

Air Act Advisory Committee. USEPA determined that

the Committee is necessary and in the public interest. Its

function is to provide USEPA with independent advice

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14

and counsel in matters of policy and technical issues

relating to implementation of the Clean Air Act

Amendments of 1990. The renewed charter will expire

on November 15, 1998.

mendments Proposed to CAA Aerospace

Manufacturing and Rework Facility NESHAP;

Draft CTG Released for Facility VOM Emissions

On October 29, 1996 (61 Fed. Reg. 55841), USEPA

proposed amendments to its Clean Air Act (CAA)

national emission standards for hazardous air pollutants

(NESHAP) applicable to aerospace manufacturing and

rework facilities. USEPA adopted this NESHAP on

September 1, 1995 (60 Fed. Reg. 45948). The proposed

amendments would make numerous corrections and

clarifications to the text or the NESHAP. Among the

proposed amendments are corrections to references;

revisions and additions to definitions; clarification of the

applicability of the cleaning operations standards;

clarification of the applicability of the rule to space

vehicles; addition of standards for Type I chemical

milling masking agents; revision of the standards for new

and existing sources using dry particulate filters to

control emissions from topcoat and primer application

and depainting operations; addition of a test method for

determining the filtration efficiency of dry particulate

filters; addition of an exemption for certain

water-reducible coatings; addition of an essential use

exemption for cleaning solvents; clarification of

compliance dates; clarification of the applicability of new

source MACT to spray booth standards; clarification of

the requirements for new and existing primer and topcoat

application operations; clarification of monitoring

requirements for dry particulate filter usage; and the

addition of a cross reference to the general requirements.

At the same time, USEPA announced the release of a

draft control technology guideline (CTG) applicable to

volatile organic material (VOM) emissions from

aerospace manufacturing and rework facilities. The

CTG is intended to aid states in determining reasonably

available control technology (RACT) for VOM emissions

from sources in this industry category.

8 ITC-Recommended Chemicals Added to TSCA

Preliminary Assessment and Health and Safety

Reporting Requirements

On October 29, 1996 (61 Fed. Reg. 55871), USEPA

added 18 chemical substances to two Toxic Substances

Control Act (TSCA) model information rules: the

Preliminary Assessment Information Rule (PAIR) and

the Health and Safety Data Reporting Rule.

Manufacturers, importers and processors will be required

to report certain production, use, and exposure

information and health and safety data to USEPA for

these chemicals. USEPA published notice on July 30,

1996 (61 Fed. Reg. 39831) that the TSCA Interagency

Testing Committee (ITC) had submitted its 38th report,

recommending that USEPA add the 18 nonylphenol

ethoxylates to the priority list of substances

recommended for testing rules.

(See issue 507, Aug.,

1996.)

USEPA used the opportunity of these

amendments to correct the Chemical Abstract Service

(CAS) number indicated in the existing listing for

(1,1,3,3-tetramethylbutyl)phenol.

nvestigator-Initiated Grants Proposals Invited

On October 31, 1996 (61 Fed. Reg. 56231),

USEPA invited proposals for its fiscal year 1997

investigator-initiated grants program. USEPA identified

a number of areas of special interest for which it seeks

the grants: exploratory research, ecosystem indicators,

issues in human health risk assessment, endocrine

disruptors, ambient air quality, health effects and

exposures to particulate matter and associated air

pollutants, drinking water, and contaminated sediments.

It further indicated additional areas of joint interest

between USEPA and the National Science Foundation:

water and watersheds, technology for a sustainable

environment, and decision-making and valuation for

environmental policy.

inal Guidelines for Reproductive Toxicity Risk

Assessment Published

On October 31, 1996 (61 Fed. Reg. 56273), USEPA

published a final document, entitled "Guidelines for

Reproductive Toxicity Risk Assessment.” The

Guidelines provide protocols for determining the

potential of a substance to produce reproductive effects

in animals. It observed that two of its branches have

produced guidelines for assessing reproductive effects:

the Office of Pesticide Programs and the Office of

Pollution Prevention and Toxics issued testing guidelines

that provide protocols designed to determine the potential

of a test substance to produce reproductive (including

developmental) toxicity in laboratory animals, and the

Organization for Economic Cooperation and

Development (OECD) has issued testing guidelines for

reproduction studies. The new Guidelines provide for

interpretation of studies and endpoints, such as

epidemiologic data, sperm production, reproductive

endocrine system function, female cycle normality, and

sexual behavior. USEPA stated that it intends to

promote consistency in its assessments of reproductive

systems and inform of approaches that it will use to

assess reproductive effects.

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ENVIRONMENTAL REGISTER No. 510

15

The Guideline was prepared by the Risk Assessment

Forum in 1988 and has been revised based on public

comments and Science Advisory Board

recommendations. As originally published, there were

separate guidelines for male and female reproductive

systems. USEPA made those guidelines available for

public comment again in 1994 and has held public

meetings on them.

(See issues 505, June, 1996 & 507,

Aug., 1996.)

USEPA notes that it is authorized under

several statutes to regulate substances based on their

effects on human health, including the reproductive

system. USEPA cited the Toxic Substances Control Act

(TSCA), the Federal Insecticide, Fungicide, and

Rodenticide Act (FIFRA), the Clean Air Act (CAA), the

Safe Drinking Water Act (SDWA), and the Clean Water

Act (CWA). Related health effects assessment guidelines

produces by USEPA include "Guidelines for

Developmental Toxicity Risk Assessment,” "Guidelines

for Carcinogen Risk Assessment,” "Guidelines for

Mutagenicity Risk Assessment,” and "Proposed

Guidelines for Neurotoxicity Risk Assessment.”

nterim Approval Expiration Dates Extended for

State CAA Operating Permits Programs

On October 31, 1996 (61 Fed. Reg. 56367), USEPA

extended the expiration dates for state Clean Air Act

operating permit programs (CAAOPPs). State CAAOPP

approvals granted prior to June 13, 1996 will now expire

automatically 10 months later than they would have

previously. State program corrections are now due to

USEPA six months prior to the new expiration date of

interim approval state CAAOPP. USEPA further

amended its procedural regulations so that it can now

grant interim approvals valid for a period in excess of

two years, as previously provided.

USEPA proposed amendments to its 40 CFR 70

CAAOPP regulations on August 31, 1995 (60 Fed. Reg.

45530). Those proposed procedures were intended to

streamline the processing of revision of Clean Air Act

Title V permits. That proposal would supplement the

proposed amendments of August 29, 1994 (59 Fed. Reg.

44471) and April 27, 1995 (60 Fed. Reg. 20804) to the

Title V permit rules adopted on Jul 21, 1992 (57 Fed.

Reg. 32250). The proposed amendments would revise

the responsible official certification required on permit

applications, amend the emergency defense to a charge

of violation, clarify the applicability of the Title I and

Title V permit requirements to research and development

facilities located with major sources, and alter the minor

new source review requirements to clarify the flexibility

the states can employ in reviewing those sources.

(See

issues 495, June-July, 1995 & 497, Oct., 1995.)

USEPA anticipates completion of the proposed 40 CFR

70 amendments in early 1997.

USEPA explained that the part 70 amendments will

require states to amend their CAAOPPs when adopted.

When adopted the part 70 amendments could extend the

deadline for curing all deficiencies until two years after

USEPA adopts the 40 CFR 70 amendments. USEPA

adopted the present extension of interim approval to

avoid requiring states to twice amend their programs,

once to satisfy the deficiencies cited in the grant of

interim approval and a second time to fulfill the

requirements of the part 70 amendments.

iscellaneous Federal Meetings

Meeting of: Lead Model Validation Workshop

Date and Location: October 21 and 23, 1996, Chapel

Hill, NC

Announced purpose: To examine approaches and results

for validation of models for predicting lead exposure and

risk and ways to improve and validate such models.

Notice citation: 61 Fed. Reg. 52790, October 8, 1996,

1996

Meeting of: Office of Research and Development's

(ORD), Board of Scientific Counselors (BOSC),

Executive Committee

Date and Location: October 18, 1996, Arlington, VA

Announced purpose: Not stated.

Notice citation: 61 Fed. Reg. 52791, October 8, 1996

Meeting of: Clean Air Act Advisory Committee, Ozone,

Perticulate Matter, and Regional Haze Implementation

Programs Subcommittee

Date and Location: October 29 and 30, 1996, Dallas,

TX

Announced purpose: Not stated.

Notice citation: 61 Fed. Reg. 53374, October 11, 1996

Meeting of: Department of Transportation, Research

and Special Programs Administration (RSPA)

Date and Location: October 30, 1996, Philadelphia, PA

Announced purpose: Discussion of the loading of

hazardous materials at shipper and consignee facilities

and the loading, unloading, and storage of hazardous

materials at transfer and other mid-transportation

facilities.

(In an advanced notice of proposed rulemaking

(ANPRM) dated July 29, 1996 (61 Fed. Reg. 39521),

RSPA announced three prior meetings on the possible

need for future regulations. RSPA is considering

clarifying amendments of its hazardous materials

regulations (HMR) to include its uncodified

interpretations of the rules as they would apply in

particular situations. RSPA noted that enhanced clarity

of the HMR will aid in determining the applicability of

segments of USEPA and Occupational Safety and Health

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Administration (OSHA) rules whose applicability is

dependent on the inapplicability of the HMR. See issue

507, Aug., 1996.)

Notice citation: 61 Fed. Reg. 53483, October 11, 1996

Meeting of: Office of Prevention, Pesticides and Toxic

Substances

Date and Location: October 31 and November 1, 1996,

Washington, DC

Announced purpose: Second environmental endocrine

disruptors stakeholders meeting; continued discussion of

the development of a screening and testing program to

detect the potential for chemical substances to disrupt

endocrine functioning: prioritization of chemical

substances, development of methods for identifying and

evaluating screening tests, agreement on application of

screening tests, and identification of criteria for

determining the need for further tests beyond screening.

(See issue 505, June, 1996.)

Notice citation: 61 Fed. Reg. 54195, October 17, 1996

Meeting of: Science Advisory Board (SAB), Advisory

Council on Clean Air Compliance Analysis

Date and Location: November 7 and 8, 1996,

Washington, DC

Announced purpose: Review the October, 1996 revised

draft of report to Congress: "The Benefits and Costs of

the Clean Air Act, 1970 to 1990;” discussion of talk to

be delivered to SAB in November, 1996 on costs and

benefits.

Notice citation: 61 Fed. Reg. 54196, October 17, 1996

Meeting of: Total Maximum Daily Load Committee,

National Advisory Council for Environmental Policy and

Technology

Date and Location: November 19 through 21, 1996,

Herndon, VA

Announced purpose: Develop recommendations for a

more effective total maximum daily load program.

Notice citation: 61 Fed. Reg. 54438, October 18, 1996

Meeting of: Food Safety Advisory Committee

Date and Location: October 22 and 23, 1996,

Washington, DC

Announced purpose: In the context of the Food Quality

Protection Act (FQPA, Pub. L. 104-170), consideration

of pesticide benefits, Integrated Pest Management and

Pollution Prevention, communication and right-to-know,

and human health risks and aggregate exposure to

pesticides.

Notice citation: 61 Fed. Reg. 54438, October 18, 1996

Meeting of: Clean Air Act Advisory Committee

Date and Location: December 5, 1996, Los Angeles,

CA

Announced purpose: Not stated.

Notice citation: 61 Fed. Reg. 54798, October 22, 1996

Meeting of: Clean Air Act Advisory Committee,

Permits, New Source Review, Air Toxics Integration

Subcommittee

Date and Location: December 4, 1996, Los Angeles,

CA

Announced purpose: Not stated.

Notice citation: 61 Fed. Reg. 54798, October 22, 1996

Meeting of: Clean Air Act Advisory Committee,

Economic Incentives and Regulatory Innovations

Subcommittee

Date and Location: December 4, 1996, Los Angeles,

CA

Announced purpose: Not stated.

Notice citation: 61 Fed. Reg. 54798, October 22, 1996

Meeting of: Clean Air Act Advisory Committee,

Linking Transportation and Air Quality Concerns

Subcommittee

Date and Location: December 4, 1996, Los Angeles,

CA

Announced purpose: Not stated.

Notice citation: 61 Fed. Reg. 54798, October 22, 1996

Meeting of: Drinking Water Branch

Date and Location: December 2 and 3, 1996,

Washington, DC

Announced purpose: Discussion with stakeholders of

development of a Drinking Water Contaminant

Identification Method, mandated by the Safe Drinking

Water Act Amendments of 1996, in order to refocusing

USEPA efforts in prioritizing chemicals based on

occurrence in drinking water and human health effects

for potential risk-based regulation.

Notice citation: 61 Fed. Reg. 55148, October 24, 1996

Meeting of: National Drinking Water Advisory Council

Date and Location: November 13, 1996, Washington,

DC

Announced purpose: Briefing on mandates under the

Safe Drinking Water Act Amendments of 1996; Updates

on the Consumer Awareness Report, Drinking Water

Needs Survey, Community Water Systems Survey and

the draft implementation strategy for the Drinking Water

State Revolving Fund.

Notice citation: 61 Fed. Reg. 55149, October 24, 1996

Meeting of: Office of Solid Waste

Date and Location: November 19, 1996, Arlington, VA

Announced purpose: To publicize information available

on an ongoing project to revise the RCRA hazardous

waste recycling regulations intended to make the rules

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ENVIRONMENTAL REGISTER No. 510

17

clearer and simpler and to remove disincentives to

hazardous waste recycling.

Notice citation: 61 Fed. Reg. 55252, October 25, 1996

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18

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inal Decisions 10/3/96

inal Decisions 10/3/96

93-15

Dorothy Furlan and Michael Furlan v. University

of Illinois - After consideration of the statutory factors,

the Board found that the noise did not cause unreasonable

interference which violated the Act and Board

regulations in this citizens noise enforcement action

against a Winnebago County facility.

94-235

Amoco Oil Company v. EPA - The Board

granted voluntary withdrawal of this underground storage

tank reimbursement determination appeal involving a

DuPage County facility.

95-104

Glen Ellyn Storage Corporation v. EPA - The

Board granted voluntary withdrawal of this underground

storage tank reimbursement determination appeal

involving a DuPage County facility.

95-151

Kelly-Springfield Tire Company. v. EPA - The

Board granted voluntary withdrawal of this underground

storage tank reimbursement determination appeal

involving a Stephenson County facility.

96-58

Effingham Tire Center v. EPA - The Board

granted voluntary withdrawal of this underground storage

tank reimbursement determination appeal involving a

Effingham County facility.

96-251

Waste Management of Illinois, Inc., (Laraway

RDF, Solid Waste Unit) v. EPA - Having previously

granted a 90-day extension of time to file, the Board

dismissed this reserved docket because no land permit

appeal was timely filed on behalf of this Will County

facility.

96-255

Laidlaw Waste System, Inc. v. EPA - Having

previously granted a 90-day extension of time to file, the

Board dismissed this reserved docket because no land

appeal was timely filed on behalf of this Will County

facility.

96-258

Crawford Automotive Company v. EPA -

Having previously granted a request for a 90-day

extension, the Board dismissed the matter because no

underground storage tank appeal was timely filed on

behalf of this Cook County facility.

96-259

North Shore School District #112 v. EPA -

Having previously granted a request for a 90-day

extension, the Board dismissed the matter because no

underground storage tank appeal was timely filed on

behalf of this Lake County facility.

97-3

T & H Machine, Inc. v. EPA - Having previously

granted a 90-day extension of time to file, the Board

dismissed this reserved docket because no underground

storage tank appeal was timely filed on behalf of this

DuPage County facility.

97-4

Reckitt & Coleman, Inc. v. EPA - Having

previously granted a 90-day extension of time to file, the

Board dismissed this reserved docket because no

underground storage tank appeal was timely filed on

behalf of this Cook County facility.

97-5

Herb

Treder (Site Classification and Completion

Report)

v. EPA -

Having previously granted a 90-day

extension of time to file, the Board dismissed this

reserved docket because no underground storage tank

fund reimbursement determination appeal was timely

filed on behalf of this Cook County facility.

97-6

Herb

Treder (High Priority Corrective Action Plan

and 45-Day Report)

v. EPA -

Having previously granted a

90-day extension of time to file, the Board dismissed this

reserved docket because no underground storage tank

appeal was timely filed on behalf of this Cook County

facility.

97-7

Herb

Treder (High Priority Corrective Action

Completion Report)

v. EPA -

Having previously granted a

90-day extension of time to file, the Board dismissed this

reserved docket because no underground storage tank

appeal was timely filed on behalf of this Cook County

facility.

97-19

Laidlaw Waste System, Inc. v. EPA - Having

previously granted a 90-day extension of time to file, the

Board dismissed this reserved docket because no land

permit appeal was timely filed on behalf of this Madison

County facility.

97-21

DeKalb Sanitary District v. EPA

-

Having found that

the petition was deficient and ordering the filing of an

amended petition, the Board dismissed this petition for a

variance from certain total suspended solids and

biochemical oxygen demand requirements of the water

pollution control regulations because no amended petition

was timely filed on behalf of this DeKalb County facility.

97-27

  

Glenbard Wastewater Authority v. EPA - The

Board granted this DuPage County facility a variance,

subject to conditions, from the total suspended solid

discharge requirements of the water pollution control

regulations and as included in its NPDES permit.

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November, 1996

ENVIRONMENTAL REGISTER No. 510

19

97-60

  

Caterpillar Incorporated, Mossville Engine Center

v. EPA

- Upon receipt of an Agency recommendation, the

Board granted this Peoria County facility 45-day

provisional variance, subject to conditions, from certain

fecal coliform effluent requirements of the water

pollution control regulations during the testing of a new

disinfection system.

AC 95-26

  

EPA v. Orville Bartels - The Board accepted

a stipulation and settlement agreement in this

administrative citation action against a Cass County

facility, ordered the respondent to pay a civil penalty of

$500.00, and dismissed the action.

AC 97-5

County of Vermilion v. James Qualls - The

Board entered a default order, finding that this Vermilion

County respondent had violated Sections 21(p)(1) and

21(p)(3) of the Act and ordering him to pay a civil

penalty of $1,000.00.

AC 97-7

EPA v. RCS, Inc. and Michael Duvall - The

Board entered a default order, finding that these Jersey

County respondents had violated Sections 21(o)(1),

21(o)(11) and 21(o)(12) of the Act and ordering him to

pay a civil penalty of $1,500.00.

AC 97-8

County of Will v. Mark Henke and Gene

Suprenant - The Board entered a default order, finding

that these Will County respondents had violated Section

21(o)(1) of the Act and ordering them to pay a civil

penalty of $1,000.00.

AC 97-9

County of Will v. American Fly Ash - The

Board entered a default order, finding that this Will

County respondent had violated Sections 21(o)(2) and

21(o)(3) of the Act and ordering it to pay a civil penalty

of $1,000.00.

AC 97-11

County of Will v. Kenric Hwang/Wheatland

Prarie/19820004 - The Board entered a default order,

finding that these Will County respondents had violated

Section 21(o)(1) of the Act and ordering them to pay a

civil penalty of $1,000.00.

AS 96-10

In the Matter of: Petition of Commonwealth

Edison Company for

 

an

Adjusted Standard from 35 Ill.

Adm. Code

Parts 811, 814 - The Board granted these Will and

Cook County facilities an adjusted standard, subject to conditions,

from certain effluent temperature requirements of the water

pollution regulations.

AS 96-12

In the Matter of: Petition of Illinois

Department of Transportation, District 8 for an Adjusted

Standard from 35 Ill. Adm. Code

 

Parts

302.208, 304.124

and 302.203 - The Board granted this St. Clair county

facility an adjusted standard

, subject to conditions, from

certain iron, total suspended solids, and effluent color discharge

requirements standards

of the water pollution control

regulations,

as they would relate to the natural oxidation and

biotransformation of iron in the water discharged.

R94-2(B)

In the Matter of: Regulation of Petroleum

Leaking Underground Storage Tanks (35 Ill. Adm. Code

732) - The Board dismissed this proposed rulemaking

because all pending issues will be dealt with in the

newly-filed proceedings: R97-10: Petroleum Leaking

Underground Storage Tanks (35 Ill. Adm. Code 732) and

R97-12: Tiered Approach to Corrective Action

Objectives (also known as “TACO”) (35 Ill. Adm. Code

742).

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inal Decisions 10/17/96

94-146

Dorothy Hoffman v. City of Columbia, Illinois -

The Board found that the noise complained of constituted

unreasonable interference and that respondent had

violated the Act and Board regulations in this citizens

noise enforcement action against a Monroe County

facility. Board Member J. Theodore Meyer concurred.

Member Kathleen M. Hennessey abstained.

95-119

West Suburban Recycling and Energy Center,

L.P. v. EPA - The Board reversed the Agency's denial

of a solid waste management facility development permit

and remanded this matter with instructions that the

Agency issue the permit with conditions. Board Member

Kathleen M. Hennessey abstained. (Consolidated with

PCB 95-125.)

95-125

West Suburban Recycling and Energy Center,

L.P. v. EPA - The Board reversed the Agency's denial

of a solid waste management facility construction permit

and remanded this matter with instructions that the

Agency issue the permit with conditions. Board Member

Kathleen M. Hennessey abstained. (Consolidated with

PCB 95-119.)

96-71

A.E. Staley Manufacturing Company v. EPA -

The Board granted voluntary withdrawal of this petition

for a variance for a Macon County facility from certain

requirements of its NPDES permit pending review for

permit renewal. Board Member Kathleen M. Hennessey

abstained.

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November, 1996

20

96-214

People of the State of Illinois v. Brass Foundry

Company, Inc. - The Board accepted a stipulation and

settlement agreement in this RCRA Subtitle C

enforcement action against a Peoria County facility,

ordered the respondent to pay a civil penalty of

$10,000.00, and ordered it to cease and desist from

further violation. Board Member Kathleen M.

Hennessey abstained.

96-219

People of the State of Illinois v. McLaughlin

Body Company, Inc. - The Board accepted a stipulation

and settlement agreement in this RCRA Subtitle C

enforcement action against a Rock Island County facility,

ordered the respondent to pay a civil penalty of

$10,000.00, and ordered it to cease and desist from

further violation. Board Member Kathleen M.

Hennessey abstained.

96-221

Hydrosol, Inc. v. EPA - The Board granted

voluntary withdrawal of this air permit appeal filed on

behalf a Cook County facility. Board Member Kathleen

M. Hennessey abstained.

97-13

Village of Rockdale v. EPA

-

The Board granted this

Will County facility a variance subject to conditions,

from the standards of issuance and restricted status

provisions of the public water supplies regulations, as

they would otherwise relate to the radium content of the

petitioner’s drinking water. Board Kathleen M.

Hennessey abstained.

97-18

Laidlaw Waste Systems, Inc. v. EPA - Having

previously granted a request for an extension of time to

file, and having, the Board dismissed this reserved

docket because no timely-filed land permit appeal was

received on behalf of this Coles County facility. Board

Kathleen M. Hennessey abstained.

97-25

Grimm’s Pharmacy v. EPA - Having previously

granted a request for an extension of time to file, and

having, the Board dismissed this reserved docket because

no timely-filed underground storage tank appeal was filed

on behalf of this Kane

 

County facility. Board Kathleen

M. Hennessey abstained.

97-37

People of the State of Illinois v. Touhy Mobile

Homes Park, Inc. - The Board accepted a stipulation and

settlement agreement in this water enforcement action

against a Cook County facility, ordered the respondent to

pay a civil penalty of $2,500.00, and ordered it to cease

and desist from further violation. Board Member

Kathleen M. Hennessey abstained.

97-65

G & M Total, Inc. v. EPA - The Board granted

voluntary withdrawal of this request for an extension of

time to file an underground storage tank appeal on behalf

of this Lake County facility. Board Member Kathleen

M. Hennessey abstained.

97-71

Schlumberger Industries, Inc., Crab Orchard

National Wildlife Refugee Superfund Site v. EPA -

Upon receipt of an Agency recommendation, the Board

granted this Williamson County facility a 45-day

provisional variance during a period of plant repairs,

subject to conditions, from certain fluoride effluent

requirements of the water pollution control regulations.

Board Member Kathleen M. Hennessey abstained.

97-72

Commonwealth Edison (Fisk, Crawford, Will

County, and Joliet generating stations) v. EPA - Upon

receipt of an Agency recommendation, the Board granted

these Will and Cook Counties facilities a 45-day

provisional variance during Agency review of applicable

permits, subject to conditions, from the thermal

discharge requirements of the water pollution control

regulations, the petitioner’s NPDES permit, and the

temperature limitations of the November 21, 1991 order

in PCB 91-29. Board Member Kathleen M. Hennessey

abstained.

97-73

Fox Point Home Owner’s Association v. EPA -

Upon receipt of an Agency recommendation, the Board

granted this Will County facility a 45-day provisional

variance during continued dredging operations, subject to

conditions, from certain total suspended solids effluent

requirements of the water pollution control regulations.

Board Member Kathleen K Hennessey abstained.

97-74

Marathon Oil Company v. EPA - Upon receipt of

an Agency recommendation, the Board granted a 45-day

provisional variance from the 90-day limitation on the

accumulation of hazardous waste at this Crawford

County facility. Board Member Kathleen M. Hennessey

abstained.

AC 97-14

EPA v. Envirofil of Illinois - The Board

entered a default order, finding that this McDonough

County respondent had violated Section 21(o)(5) of the

Act and ordering it to pay a civil penalty of $500.00.

Board Member Kathleen M. Hennessey abstained.

AC 97-15

EPA v. ESG Watts, Inc. - The Board entered

a default order, finding that this Rock Island County

---

November, 1996

ENVIRONMENTAL REGISTER No. 510

21

respondent had violated Section 21(o)(12) of the Act and

ordering it to pay a civil penalty of $500.00. Board

Member Kathleen M. Hennessey abstained.

R92-18

In the Matter of: Contingency Plan Update,

USEPA Regulations (through June 30, 1992) -

See

Rulemaking Update.

R93-7

In the Matter of: Contingency Plan Update,

USEPA Regulations (through July 1, through December

31, 1992) -

See Rulemaking Update.

R93-23

In the Matter of: Contingency Plan Update,

USEPA Regulations (through January 1 through June 30,

1993) -

See Rulemaking Update.

R94-9

In the Matter of: Contingency Plan Update,

USEPA Regulations (through July 1 through December

31, 1993) -

See Rulemaking Update.

R94-27

In the Matter of: Contingency Plan Update,

USEPA Regulations (through January 1 through June 30,

1994) -

See Rulemaking Update.

R95-17

In the Matter of: Safe Drinking Water Act

Update, USEPA Amendments (January 1 through June

30, 1995) -

See Rulemaking Update.

R96-13

In the Matter of: ROP Plan: Clean-Up Part II:

Amendments to 35 Ill. Adm. Code Parts 218 and 219

-

See Rulemaking Update.

R97-1

In the Matter of: Definition of VOM Update

USEPA Regulations (through January 1 through June 30,

1996) -

See Rulemaking Update.

R97-2

In the Matter of: Safe Drinking Water Act

Update USEPA Regulations (through January 1 through

June 30, 1996) -

See Rulemaking Update.

R97-4

In the Matter of: RCRA Subtitle D Update

(through January 1 through June 30, 1996)

-

See

Rulemaking Update.

R97-6

In the Matter of: UST Update, USEPA

Regulations (through January 1 through June 30, 1996)

-

See Rulemaking Update.

F

F

inal Decisions 10/29/96

inal Decisions 10/29/96

R97-14

In the Matter of: Emergency Rulemaking:

Rules to the Emergency Livestock Waste Regulations, 35

Ill. Adm. Code 505 - The Board adopted an emergency

rule that sets forth specific design standards for the

construction and modification of livestock waste lagoons.

The design standards are promulgated to provide

protection for Illinois’ groundwater and are based upon

site-specific characterizations. Owners and operators of

facilities with a design capacity of 300 animal units or

more, who are modifying their facilities or who are

constructing facilities that are not yet in service will be

required to do soil borings prior to construction to

ascertain the geological character of the site. The site

characterizations will have to be certified by a licensed

professional engineer. Livestock waste lagoons will be

required to have liners and conduct groundwater

monitoring or to just have a liner depending on the

proximity to aquifer material.

  

Where a liner is required,

a licensed professional engineer must certify to its

adequacy. The emergency rule also puts into place

various necessary provisions of the LMF Act.

N

N

ew Cases 10/3/96

ew Cases 10/3/96

97-22

NPK Storage, Inc. v. EPA - The Board accepted

this underground storage tank appeal involving a Macon

County facility for hearing.

97-56

  

Grimm’s Pharmacy v. EPA

- The Board accepted a

request for extension of time to file an underground storage tank

appeal on behalf of this Macon County facility.

97-57

  

Baldridge Drilling Co., Inc. v. EPA

- The Board

accepted a request extension of time to file an underground storage

tank appeal on behalf of this Macon County facility.

97-59

People of the State of Illinois v. Rockford

Speedway, Inc. - The Board received this land

enforcement action against a Winnebago County facility

for hearing.

97-60

People of the State of Illinois v. Caterpillar

Incorporated, Mossville Engine Center. -

See Final

Actions

97-61

  

Glen Ellyn Storage Corporation v. EPA

- The Board

accepted a request extension of time to file an underground storage

tank appeal on behalf of this DuPage County facility.

97-62

People of the State of Illinois v. Geon Corporation

- The Board received this air enforcement action against

a Marshall County facility for hearing.

97-63

People of the State of Illinois v. Geon Corporation

- The Board received this air enforcement action against

a Macon County facility for hearing.

---

ENVIRONMENTAL REGISTER No. 510

November, 1996

22

97-64

People of the State of Illinois v. Unique Marble

Products, Inc., - The Board received this Emergency

Planning and Community Right-to-Know enforcement

action against a Effingham County facility for hearing.

AC 97-23

EPA v. Village of Markham - The Board

received an administrative citation against this Cook

County respondent.

AC 97-24

LaSalle County v. Charlie Raikes, d/b/a

Kickapoo Iron & Metal - The Board received an

administrative citation against this LaSalle County

respondent.

AC 97-25

Will County v. CDT Landfill Corporation -

The Board received an administrative citation against this

Will County respondent.

N

N

ew Cases 10/17/96

ew Cases 10/17/96

97-66

People of the State of Illinois v. D’ Angelo

Enterprises, Inc. - The Board received this RCRA

Subtitle C enforcement action against a Cook County

facility for hearing.

97-68

Senator William Shaw, Ronnie Lewis, and Judith

Evans v. EPA, Board of Trustees of the Village of

Dolton, Illinois Land and Lakes Company, and

Development, Ltd. - The Board accepted this pollution

control facility (landfill) siting appeal involving a Cook

County facility for hearing.

97-69

People of the State of Illinois v. Economy Plating,

Inc. - The Board received this air enforcement action

against a Cook County facility for hearing.

97-70

People of the State of Illinois v. Demolition and

Development, Ltd., and Eugene Lopresti, individually,

and as President of Demolition and Development, Ltd.

-

The Board received this air enforcement action against a

Cook County facility for hearing.

97-71

Schlumberger Industries, Inc., Crab Orchard

National Wildlife Refugee Superfund Site v. EPA -

See

Final Actions.

97-72

Commonwealth Edison (Fisk, Crawford, Will

County, and Joliet generating stations) v. EPA -

See

Final Actions.

97-73

Fox Point Home Owner’s Association v. EPA -

See Final Actions.

97-74

Marathon Oil Company v. EPA -

See Final

Actions.

97-75

People of the State of Illinois v. John Jankowski -

The Board received this land enforcement action against

a Lake County facility for hearing.

AC 97-26

  

EPA v. Browning-Ferris of Iowa, Inc. - The

Board received an administrative citation against a Rock

Island County respondent.

AC 97-27

EPA v. Willie Lightfoot - The Board received

an administrative citation against a Perry County

respondent.

AC 97-28

County of Vermilion v. Illinois Landfills, Inc.

- The Board received an administrative citation against a

Vermilion County respondent.

AC 97-29

County of Will v. Harry Horman - The Board

received an administrative citation against a Will County

respondent.

AC 97-30

County of Will v. James Henke - The Board

received an administrative citation against a Will County

respondent.

AS 97-3

In the Matter of: Petition of Shell Wood River

Refining Company for an Adjusted Standard from 35 Ill.

Adm. Code 725.213 and 725.321 - The Board accepted

this petition for an adjusted standard from the interim

status facility hazardous waste surface impoundment

design and closure and post-closure care requirements of

the land pollution control (RCRA Subtitle C) regulations

for hearing.

AS 97-4

In the Matter of: Petition of the Ensign-

Bickford Company for an Adjusted Standard from 35 Ill.

Adm. Code 703.183 - The Board held this petition filed

on behalf of a Union County facility for an adjusted

standard from certain hazardous waste permit application

requirements of the land pollution control (RCRA

Subtitle C) regulations pending receipt of publication.

AS 97-5

In the Matter: of: The Louis Berkman

Company, d/b/a The Swenson Spreader Company for an

Adjusted Standard from 35 Ill. Adm. Code Part 215

Subpart F - The Board held this petition filed on behalf

of an Ogle County facility for an adjusted standard from

---

November, 1996

ENVIRONMENTAL REGISTER No. 510

23

certain volatile organic material emissions requirements

of the air pollution control regulations pending receipt of

publication.

R97-14

In the Matter of: Emergency Rulemaking:

Livestock Waste Regulations 35 Ill. Adm. Code 505 -

See Rulemaking Update

.

N

N

ew Cases 10/29/96

ew Cases 10/29/96

R97-14

In the Matter of: Emergency Rulemaking:

Livestock Waste Regulations 35 Ill. Adm. Code 505 -

See Rulemaking Update

.

C

C

ALENDAR OF HEARINGS

ALENDAR OF HEARINGS

All hearings held by the Board are open to the public. Times and locations are subject to cancellation and rescheduling

without notice. Confirmation of hearing dates and times is available by calling the Clerk of the Board at 312- 814-6931.

Date & Time

Case # & Type

Case Name and Location

02-Dec-96

10:00 A.M.

R97-012

R, Land

In the Matter of: Tiered Approach to Corrective Action (T.A.C.O.) 35 Ill. Adm.

Code 742--James R. Thompson Center, Room 9-040, 100 West Randolph Street,

Chicago, Illinois

03-Dec-96

10:00 A.M.

R97-012

R, Land

In the Matter of: Tiered Approach to Corrective Action (T.A.C.O.) 35 Ill. Adm.

Code 742--James R. Thompson Center, Room 9-040, 100 West Randolph Street,

Chicago, Illinois

04-Dec-96

10:00 A.M.

PCB 95-091

RCRA-E

People of the State of Illinois v. Bell Sporst, Inc. and Waste Hauling Landfill, Icn.,

and Waste Hauling, Inc., Respondents; Waste Hauling Landfill, Inc. and Waste

Hauling, Inc. as Cross-claimants v. Bell Sports, Inc. as Cross-respondent

--Illinois

Law Enforcement Training Board, Third Floor

, 600 S. Second Street, Springfield,

Illinois

09-Dec-96

10:00 A.M.

PCB 96-053

N-E, Citizens

David and Susi Shelton v. Steven and Nancy Crown

--James R. Thompson Center,

11th Floor, 100 West Randolph Street, Chicago, Illinois

09-Dec-96

10:00 A.M.

R97-010

R, Land

In the Matter of: Regulation of Petroleum Leaking Underground Storage Tanks 35

Ill. Adm. Code 732--William Stratton Office Building, Room A-1

, , Springfield,

Illinois

12-Dec-96

08:00 A.M.

PCB 96-107

A, W & L-E

People of the State of Illinois v. ESG Watts, Inc.

--Illinois Law Enforcement

Training Board, Third Floor, 600 S. Second Street, Springfield, Illinois

17-Dec-96

10:00 A.M.

R97-011

R, Land

In the Matter of: Site Remediation Program (Brownfields) 35 Ill. Adm. Code 740

-

-Illinois State Library, Rooms 403/404, 300 South Second Street, Springfield,

Illinois

18-Dec-96

10:00 A.M.

R97-011

R, Land

In the Matter of: Site Remediation Program (Brownfields) 35 Ill. Adm. Code 740

-

-Municipal Building, 3rd Floor Council Chambers

, 201 Municipal Center West,

7th and Monroe Streets, Springfield, Illinois

19-Dec-96

09:30 A.M.

PCB 97-068

L-S-R, Third Party

Senator William Shaw, Ronnie Lewis, Judith Evans v. Board of Trustees of the

Village of Dolton, Illinois, Land and Lakes Company and Mayor Donald Hart

--

Dolton Village Hall, Board Room, 14014 Park Avenue, Dolton, Illinois

3-Jan-97

11:00 A.M.

PCB 96-069

N-E, Citizens

Thomas Corning and Kimberly Corning v. Thurela's, Pam and Arthur Hegji as

owners--Lake Zurich Village Hall, Village Council Chambers

, Lower Level, 70

East Main Street, Lake Zurich, Illinois

15-Jan-97

10:00 A.M.

R97-012

R, Land

In the Matter of: Tiered Approach to Corrective Action (T.A.C.O.) 35 Ill. Adm.

Code 742--201 Municipal West, Council Chambers, Third Floor

, 7th and Monroe

Street, Springfield, Illinois

---

ENVIRONMENTAL REGISTER No. 510

November, 1996

24

28-Jan-97

10:00 A.M.

AS 97-002

Land, RCRA

In the Matter of: Petition of Chemetco, Inc. for an Adjusted Standard from 35 Ill.

Adm. Code 720.131 (a) and ( c )--State Regional Office Building, IDOT Class

Room, 1100 East Port Plaza Drive, Collinsville, Illinois

Calendar Code

3d P

Third Party Action

A-C

Administrative Citation

A-E

Air Enforcement

A-S

Adjusted Standard

A-V

Air Variance

CSO

Combined Sewer Overflow Exception

GW

Groundwater

HW Delist

RCRA Hazardous Waste Delisting

L-E

Land Enforcement

L-S-R

Landfill Siting Review

L-V

Land Variance

MW

Medical Waste (Biological Materials)

N-E

Noise Enforcement

N-V

Noise Variance

P-A

Permit Appeal

PWS-E

Public Water Supply Enforcement

PWS-V

Public Water Supply Variance

R

Regulatory Proceeding

RCRA

Resource Conservation and Recovery Act

proceeding (hazardous waste only)

S0

2

S0

2

Alternative Standards (35 ILL. ADM.

CODE 302.211(f))

SWH-E

Special Waste Hauling Enforcement

SWH-V

Special Waste Hauling Variance

T

Thermal Demonstration Rule

T-C

Tax Certifications

T-S

Trade Secrets

UST-Appeal

Underground Storage Tank Corrective

Action Appeal

UST-E

Underground Storage Tank Enforcement

UST-FRD

Underground Storage Tank Fund Reim-

bursement Determination

W-E

Water Enforcement

W-V

Water Variance

WWS

Water-Well Setback Exception

---

November, 1996

ENVIRONMENTAL REGISTER No. 510

25

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

DIVISION OF WATER POLLUTION CONTROL

RESTRICTED STATUS LIST

In order to comply with 35 Illinois Administrative Code Section 306.401 Illinois Pollution Control Board Regula -

tions, the Illinois EPA has prepared the following list of facilities which are on Re stricted Status. Restricted

Status is defined as the Agency determination that a sewer or lift station has reached hydraulic capacity or that a

sewage treatment plant has reached design capacity, such that additional sewer connection permits may no longer be

issued without causing a violation of the Act or Regulations. Please note that the list is continually being

revised to reflect the current situation. Therefore, if you have any questions on the capability of a treatment

facility or transport system, please contact this Agency for a final determination. This listing reflects the

status as of June 30, 1996.

Facility names followed by an asterisk (*) indicates that construction is underway to ultimately alleviate problems

which resulted in imposition of Restricted Status. Facilities followed by a double asterisk (**) are additions to

the list.

REMAINING

FACILITY NAME

RESPONSIBLE AUTHORITY

COUNTY

CAPACITY

Astoria-Washington and Lincoln

Town of Astoria

Fulton

0

St. Overflow; Adams & State

St. Overflow**

Athens STP

City of Athens

Menard

0

Bourbonnais (Belle Aire Subd.)

Village of Bourbonnais

Kankakee

0

Camelot Utilities - Wastewater

Camelot Utilities

Will

0

Collection System

Camp Point (a portion mh 60-68)

Village of Camp Point

Adams

0

Candlewick Lake STP

Consumer Ill. Water Co.

Boone

0

Canton - S.S. Surcharging

City of Canton

Fulton

0

New Salem, 4th Ave.,

Sycamore, Sycamore Terr.,

Main Street

Chapin (North and South Main

Village of Chapin

Morgan

0

Terminal L.S.)

Clearview S.D.

Clearview S.D.

McLean

0

East Alton STP

City of East Alton

Madison

0

Farmington

City of Farmington

Fulton

0

Lake Zurich - Knollwood,

Village of Lake Zurich

Lake

0

Minonski, Main Ls's

Maple Lawn Homes STP

Maple Lawn Homes

Woodford

0

Riverton (Sewer System-Partial)

Village of Riverton

Sangamon

0

Rosewood Heights S.D. - Ninth

Rosewood Heights S.D.

Madison

0

Street LS

Round Lake Beach - Oaktree Subd. America Today, Inc.

Lake

0

Pumping Sta.**

Sullivan Lake Development STP

Lake Development

Lake

0

Taylorville Shawnee Ave. Pump

City of Taylorville

Christian

0

Station

Utilities Unlimited

Utilities Unlimited

Will

0

Virden (Sewer System-Partial)

Virden S.D.

Macoupin

0

Washington (Devonshire Estates)

City of Washington

Tazewell

0

Washington (Rolling Meadows)

City of Washington

Tazewell

0

Watseka STP

City of Watseka

Iroquois

0

Deletions from previous Quarterly Report: Highview Estates

---

ENVIRONMENTAL REGISTER No. 510

November, 1996

26

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

DIVISION OF WATER POLLUTION CONTROL

CRITICAL REVIEW LIST

In order to comply with 35 Illinois Administrative Code Section 306.401, Illinois Pollution Control Board Regula tions, the

Illinois Environmental Protection Agency has prepared the following list of facilities which are on Critical Review.

Critical Review as defined as the Agency determination that a sewer or lift station is approaching hydraulic capacity or

that a sewage treatment plant is approaching design capacity such that additional sewer connection permit applications will

require close scrutiny to determine whether issuance would result in a violation of the Act or Regulations. Please note

that these lists are continually being revised to reflect the current situation. Therefore, if you have any questions on

the capability of a treatment facility or transport system, please contact the Agency for a final determination. This

listing reflects the status as of June 30, 1996.

Facility names followed by a double asterisk are additions to the list.

PE ADDED

FACILITY

RESPONSIBLE

REMAINING

SINCE

NAME

AUTHORITY

COUNTY

CAPACITY

LAST LIST

Beardstown Sanitary Dist.**

City of Beardstown

Cass

1,828

72

Benton-Southeast STP

City of Benton

Franklin

60

0

Bethalto (L.S. #1)

Village of Bethalto

Madison

87

0

Bolingbrook STP 2

Village of Bolingbrook

Will

630

0

Braidwood STP

City of Braidwood

Will

396

130

Carrier Mills

Village of Carrier Mills

Saline

836

0

Carrollton

City of Carrollton

Greene

140

0

Chester

City of Chester

Randolph

26

0

Citizens Utilities of Ill.

Citizens Utilities of Ill.

Will

0

0

Derby Meadows Utility Co.

STP

Citizens Utilities of Ill.

Citizens Utilities of Ill.

Will

10

0

River Grange**

Creve Coeur

Village of Creve Coeur

Tazewell

2,330

0

Downers Grove Sanitary Dist.

Downers Grove S.D.

DuPage

7,978

132

Earlville

City of Earlville

LaSalle

215

0

East Dundee STP

Village of E. Dundee

Kane

933

50

Elkville

Village of Elkville

Jackson

6

0

Elmhurst

City of Elmhurst

DuPage

0

0

Findlay

Village of Findlay

Shelby

60

0

Herrin

City of Herrin

Williamson

576

134

Herscher

Village of Herscher

Kankakee

300

0

Highland STP

City of Highland

Madison

502

21

Hoopeston

City of Hoopeston'

Vermilion

0

0

CLPWD-Deerfield Rd.

County of Lake Public Works

Lake

***

0

Interceptor

Department

CLPWD-Diamond-Sylvan STP

County of Lake Public Works

Lake

248

0

Department

Lake Barrington Homeowners

LBHOA

Lake

80

0

Assn. STP

Lake in the Hills S.D.

Village of Lake in the Hills

McHenry

939

711

Manhattan

Village of Manhattan

Will

810

0

Milan

Village of Milan

Rock Island

1,122

0

Moline (North Slope)

City of Moline

Rock Island

1,151

0

Mundelein STP

Village of Mendelein

Lake

583

0

O'Fallon

City of O'Fallon

St. Clair

748

899

Orangeville

Village of Orangeville

Stephenson

0

0

Paris STP

City of Paris

Edgar

2,004

0

Pearl City

Village of Pearl City

Stephenson

0

0

Peotone

Village of Peotone

Will

195

0

Rock Island (Main)

City of Rock Island

Rock Island

5,001

0

Round Lake-Rosewood Sewage

Village of Round Lake

Lake

97

0

Pumping Station**

Thompsonville STP

Village of Thompsonville

Franklin

35

0

---

November, 1996

ENVIRONMENTAL REGISTER No. 510

27

Deletetions from previous quarterly report: Beecher STP, Crest Hill - West STP, Hebron, Sycamore (Southwest)

***Contact IEPA - Permit Section

MM:sp5439c/2-5